New Jersey Cannabis Workers Beat Union Abuse and Delay Tactics, Win Freedom in Decertification Election
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.
New Jersey Cannabis Workers File Petition for Secret Ballot Vote to Remove UFCW Union Installed Through Abuse-Prone “Card Check”
UFCW union officials bypassed secret ballot election to gain power over Green Thumb Industries employees, but workers now back decertification vote
New Jersey (October 2, 2024) – Employees of Green Thumb Industries have filed a petition seeking an election to remove United Food and Commercial Workers (UFCW) Local 360 union officials’ monopoly “representation” over them. Michael Potter, a Lead Warehouse Technician for Green Thumb, filed the decertification petition with the National Labor Relations Board (NLRB) on behalf of his coworkers at five locations across New Jersey.
Mr. Potter is receiving free legal aid from National Right to Work Legal Defense Foundation staff attorneys in filing the petition. The NLRB is the federal agency responsible for enforcing federal labor law, which includes administering votes to certify and decertify unions.
Mr. Potter collected more than enough employee signatures on his petition to trigger a decertification vote under NLRB rules, and filed the decertification petition to challenge the so-called “card check” unionization campaigns that UFCW union bosses foisted on his coworkers.
Under card check, 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 to demand they sign union authorization cards, which are then counted as “votes” to impose the union on workers. The process is a breeding ground for coercive and intimidating tactics.
New Jersey’s lack of a Right to Work law lets union officials demand that workers pay union dues or fees just to stay employed. Additionally, union officials in a unionized workplace enjoy monopoly bargaining privileges, which allow them to contract and speak for every worker in the unit – even those that voted against the union or otherwise oppose its presence.
If Mr. Potter and his coworkers win the decertification election, around 275 workers will be freed from UFCW union officials’ monopoly bargaining power. “Many of us believe the UFCW does not advance our interests and that we would be better off without the union in our workplace,” commented Potter. “We simply seek a secret ballot election that was denied to us when the union was installed, so we can determine what the majority of Green Thumb employees want.”
Petition Filed Days Before NLRB Strips Workers of Right to Challenge “Card Check” Drives
The workers at Green Thumb Industries are able to challenge the union’s installation via a card check due to the Foundation-backed 2020 reforms to the NLRB’s election rules. Collectively referred to as the “Election Protection Rule,” one of the key elements of the reforms was to allow employees to submit decertification petitions to force a secret ballot vote after a union gains power through card check.
Under the rules, workers had a 45-day window to petition for a secret ballot decertification vote. In the event that a notice about the window was not posted, workers retained their right to decertify indefinitely.
Unfortunately, the Biden-Harris NLRB in Washington, DC, issued a final rule that goes into effect September 30, which will undo the Election Protection Rule and make it much harder for rank-and-file workers to exercise their right to vote out union officials they oppose. Had the Green Thumb Industries employees filed their decertification petition after September 30th, they would have been blocked from holding the secret ballot vote because the NLRB-created “contract bar” blocks decertification for up to three years when a union contract is in place, as is the case currently at Green Thumb.
“If Mr. Potter had filed his decertification petition just a week later, workers at Green Thumb Industries would be denied their right to vote out union officials who seized power over them in a hasty and coercive manner,” commented National Right to Work Foundation President Mark Mix. “This is yet another example of the Biden-Harris Administration’s effort to heap legal privileges on its union boss political allies, all at the expense of workers who just want to exercise their free choice when it comes to deciding who should speak for them in the workplace.
“American workers don’t deserve to be stripped of this freedom, and those who are prevented from voting out unwanted union bosses due to this cynical rule change should not hesitate to contact the Foundation to explore their legal options,” Mix added.
