After nearly two year delay, Labor Board certifies vote to remove unwanted UFCW union originally installed in abuse-prone “card check” process

New Jersey (July 14, 2026) – Employees of Green Thumb Industries have finally regained their freedom, removing United Food and Commercial Workers (UFCW) Local 360 union officials from their workplace. This comes over 21 months after an initial petition was filed by Michael Potter, a Lead Warehouse Technician for Green Thumb, on behalf of his coworkers at four locations across New Jersey.

With assistance from National Right to Work Foundation staff attorneys, Potter filed the petition for a “decertification” election with the National Labor Relations Board (NLRB) in October of 2024. The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering elections to install (or “certify”) and remove (or “decertify”) unions.

The election was finally certified on July 14, 2026, freeing approximately 270 workers from UFCW union officials’ monopoly bargaining power, which is the government-granted power to represent every worker in a unit, regardless of whether they support the union. The workers voted 94-13 against the union. Union officials challenged ballots cast by 74 other employees causing them not to be counted, but not enough to change the outcome of the vote.

“The UFCW did not advance our interests here, and many of us believed we would be better off without them,” said Potter. “This was our opportunity to exercise the right to a secret-ballot election, which was denied to us when the union was installed. We are grateful the votes were finally counted, and we have determined for ourselves what the majority of Green Thumb employees want.”

Process Mired by Union Abuse Tactics from Beginning to End

Potter and his coworkers were angry that the union had been installed via an abuse-prone process called a “card check,” wherein union officials can bypass the secret-ballot election process that has long been recognized as the most secure and reliable way to determine if a majority of employees want to unionize. During card check drives, union officials can repeatedly solicit and pressure workers face-to-face, demanding they sign union authorization cards in front of union organizers, with those cards then counted as “votes” to impose the union on workers. Unsurprisingly, without the privacy of the secret ballot, such card check drives regularly result in union coercion, intimidation tactics, lies, or even sometimes threats of violence.

After Potter filed the decertification petition, local UFCW bosses opposed a stipulated election agreement they themselves had initially signed. Foundation staff attorneys won on that issue with the NLRB Regional Director, and the election was held on November 7 and 8, 2024.

However, union officials immediately threw up another road block by filing so-called “blocking charges,” which are disingenuous charges of misconduct against the employer. These charges often have nothing to do with the election, but because of NLRB rules not found anywhere in federal law, they prevent the votes from being counted. This issue was finally settled in 2026, which triggered the opening and counting of the ballots on June 29, with the certification issued on July 14.

“We are proud to have assisted the workers at Green Thumb Industries as they fought for their right to a secret-ballot election; however, workers should not have to wait the better part of two years just to have their votes counted,” commented National Right to Work Foundation President Mark Mix.

“This case demonstrates why the NLRB needs to take action to defend employees’ legal right to free themselves of unwanted unions, including by eliminating non-statutory rules, such as the current ‘blocking charge’ policy that lets union bosses trap workers in union ranks, no matter how overwhelming the opposition to the union is,” added Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.