Bill Text: MI SCR0018 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: A concurrent resolution to oppose the inclusion of labor peace agreements in the Marijuana Regulatory Agency's permanent rules and to oppose the inclusion of labor peace agreements or any similar construct in the administrative rules of this state.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2020-02-04 - Referred To Secretary For Record [SCR0018 Detail]
Download: Michigan-2019-SCR0018-Engrossed.html
As adopted by
senate, January 22, 2020
senate Concurrent Resolution No.18
Senators Nesbitt and Theis offered the following concurrent resolution:
Whereas, The Marijuana Regulatory Agency’s proposed rules to regulate marihuana licenses (2019-67 LR) include the requirement for prospective marihuana licensees to agree to a labor peace agreement signed by a labor union before they can apply for or renew a license. A labor peace agreement is defined in the proposed rules as "an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the state’s interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s business"; and
Whereas, Under the proposed rules, a new industry would be unduly burdened by the heavy hand of government before it can even get off the ground. This new industry would also be forced to accept the terms of labor unions without negotiation; and
Whereas, Requiring labor peace agreements is not contemplated or required by Initiated Law 1 of 2018, which legalized adult-use marihuana in Michigan. Nowhere in the initiative did it indicate that a state agency would give up governmental authority to unaccountable, private third parties to prevent applicants from becoming licensed or licensees from renewing their licenses. In fact, the initiative includes language that the rules must include "qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment…". Signing a labor peace agreement is not directly and demonstrably related to the operation of a marihuana establishment; and
Whereas, The inclusion of labor peace agreements in the rules governing marihuana in this state would set a dangerous precedent for similar requirements for anyone seeking a license or permit issued by the state, which could devastate Michigan’s economy solely to the benefit of organized labor; and
Whereas, The requirement for labor peace agreements included in these proposed rules is preempted by the National Labor Relations Act; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we oppose the inclusion of labor peace agreements in the Marijuana Regulatory Agency’s permanent rules and oppose the inclusion of labor peace agreements or any similar construct in the administrative rules of this state; and be it further
Resolved, That copies of this resolution be transmitted to the Governor, Director of the Department of Licensing and Regulatory Affairs, and the Director of the Marijuana Regulatory Agency.
