Worker laid off for union involvement in cannabis industry wins back job by comparison

A victory for workers’ rights as Ben Telford takes up his previous position at the Greenleaf Compassionate Care Center in Portsmouth.

A new example has been set for cannabis companies across the country. Belonging to a cannabis union is not and never will be a valid reason to terminate the employment of an employee.

The United Food and Commercial Workers (UFCW) was able to reverse Ben’s wrongful termination to prove union members still deserve their well-paying jobs.

The UFCW is a corporation representing approximately 10,000 workers in the Frontline cannabis industry in Rhode Island and Massachusetts. This win over the Greenleaf Compassionate Care Center is a win for all workers in the union. This means that they can also discuss trade union and workers’ rights openly.

The backstory

On June 23, 2021, Ben Telford arrived at his primary work location only to find that his employment had ended. This unexpected development not only surprised Ben, but every other employee at UFCW Local 328. Further inquiries revealed that Ben lost his job because of his union affiliation.

This comes about eight weeks after Greenleaf Portsmouth employees became the first Frontline cannabis workers to unionize and register under the UFCW Local 328.

Ben, described by his staff as hardworking, started working at Greenleaf in mid-2020. He served as a keyholder at the company’s retail medicinal cannabis facility in Portsmouth. He was responsible for opening and closing the shops on a daily basis. He also had other responsibilities such as day-to-day cash management and deputizing for other executives in their absence. In the union that was formed, he was a member of the bargaining committee (he is still a member of that team).

Ben Telford served diligently and was a key member of the union. He helped bring the union together and negotiate a deal with the company’s board of directors. Telford reported that a part of him considered the possibility of being fired.

take the lead

Employees in the cannabis industry, no matter the jurisdiction, all want the same thing; protection and fair payment.

To show loyalty to the union and protest the illegal termination, Greenleaf’s other employees went on a one-day strike on June 26. In the statement released, the union insisted that the company’s board of directors reinstate Ben Telford.

As news of the wrongful termination spread, UFCW Local 328 filed unfair labor practices charges against the Greenleaf Compassionate Center with the National Labor Relations Board.

Other charges against the company include the cancellation of the Friday lunch program, the reclassification of bargaining unit work into a different unit, the cancellation of employee discounts for a six-week period, interrogations, improper surveillance, and disparagement of employees for information about to get the union activities.

The investigation by the National Labor Relations Board (NLRB) lasted over two months before it was duly found that the company violated workers’ rights by terminating an employee after he was exposed as a member of the bargaining committee. The NLRB also filed complaints on each of the charges brought forward, and a trial date was set.

Greenleaf chose to settle each complaint rather than let the court rule.

Victory!

In an interview, Sam Marvin, organizing director of UFCW Local 328, said the union was glad that justice had prevailed. This justice matters to everyone. It blames the company for its illegal actions. It also sends a goodwill message to every cannabis worker on the front lines and behind the scenes of the industry that their jobs are protected.

Workers can choose to organize union action without fear that their rights and jobs will not be protected. He added that UFCW is proud and remains committed to standing firmly with workers in the industry to ensure their future is secured and improved. He also stressed that the union is always ready to hold defaulting employers accountable as soon as injustices are exposed.

Greenleaf employees issued a statement following the release of the NLRB investigation reports. They expressed their gratitude to the agency for diligently maintaining integrity throughout the course of the investigation. They wrote that the outcome of the investigation gave them reassurance that workers had a chance to seek redress when employers committed violations. Forming a union has been challenging and arduous, but it has helped create a less unstable future.

The statement ended with a brief word of encouragement to staff in other cannabis legal states. They advised these individuals to organize and unionize regardless of the company they work for. They also thanked UFCW Local 328 for their constant support and for providing the resources needed for this process.

Additional Benefits

The comparison details between the unionized cannabis workers and the Greenleaf Compassionate Care Center are as follows.

1. Payment of arrears of wages to eligible unionized workers who were denied the employee rebate during the six-week period

2. Back payments for workers impacted by Greenleaf’s cancellation of the Friday lunch program since June.

3. Restore and protect union bargaining committee for key stakeholders effective immediately

4. Restoration of the Friday lunch program with immediate effect

5. Immediate restoration of Ben Telford’s employee status with full compensation of arrears of wages, sage, interest and any other additional payment.

6. A legal obligation for the company not to interfere with workers’ rights under Section 7 of the National Labor Relations Act.

Conclusion

The Greenleaf Compassionate Care Center has agreed not to discipline, disparage, monitor or fire workers for their union activities. In addition, she signed a commitment not to create any new jobs to circumvent tariff positions.

Most importantly, Ben Telford was offered full compensation for any arrears due for his former position. The six-month battle against the company finally paid off. Workers take pride in the union and are more committed to organizing and working together to ensure injustice is curbed. They deserve to have the future they all worked and deserved for.

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