1609(b)(12) Labor Peace Agreement

The following proposed rulemaking applies to the implementation of Section 1609(b)(12)

Rules

1. During the application process, the Applicant shall provide the OOC with an estimated number of employees.
   1. If the Applicant has, or estimates their operation will have 10 or more employees the following shall apply:
      1. Prior to receiving a final Cannabis Business Permit, an applicant shall attest that they have entered into a Labor Peace Agreement and that they will maintain and abide by that Agreement during the term of the Agreement.
      2. The Applicant shall provide to the Office of Cannabis (OOC) a copy of the Agreement, and at the time of submission, the Agreement must be signed by the Applicant and a representative of the Bona Fide Labor Organization, and notarized.
   2. If an Applicant does not have, or reasonably anticipate that it will have, 10 or more employees at the time of application, the following shall apply
      1. The Applicant is not required to submit an agreement at the time of application, however, if the Applicant adds employees after the date the application is submitted, and the number of total employees increases to 10 or more, the Applicant is required to enter into and submit to the OOC an Agreement within 10 business day from the date the Applicant hires the 10th employee.
      2. The Agreement submitted must be signed by the Applicant and a representative of the Bona Fide Labor Organization, and notarized.
2. For purposes of calculating employees, an Applicant is considered to have 10 or more employees if the Applicant intends to have on payroll 10 or more persons at any given time in a permit year, regardless of part- or full-time status, and regardless of whether those 10 employees will also work at separate locations of the Cannabis Business.
3. Nothing shall restrict an Applicant from entering into more than one Labor Peace Agreement, so long as the Applicant has no less than one signed, notarized agreement in place during the life of their permit.
   1. All additional Agreements entered into by the Applicant are required to be submitted to the OOC within 10 days of being signed and notarized.
4. An Agreement may not be altered except by written amendment signed by the Applicant and a representative of the Bona Fide Labor Organization, and notarized.
   1. Within 10 business days of an amendment to an Agreement, the Applicant must notify the OOC of any material changes to the Agreement, and resubmit the signed and notarized amended agreement to the OOC.
5. A failure to comply with these rules is a violation of the Article 16 and is, therefore, subject to the terms of Police Code, Article 16, Sections 1631-1633.

Comment period start date

April 10, 2018

Comment period end date

April 24, 2018