A Complex Battle
When you picture a cannabis dispensary, you likely imagine a relaxed environment focused on wellness, premium products, and good vibes. However, behind the counter, the rapidly growing cannabis industry faces the same complex organizational challenges as any other business. For the employees at the Herbal Wellness Center in Athens, Ohio, the atmosphere over the last couple of years has been anything but relaxed. Instead, they found themselves at the center of a complex and frustrating unionization battle that highlights how 90-year-old federal policies are colliding with the modern cannabis industry.
Whether you are a budtender, a dispensary owner, or an interested patient, understanding the nuances of how labor laws apply to this space is essential for being an informed participant in our community.
The First Check: Holding Management Accountable
The rights of workers to organize and bargain collectively have been federally protected since President Franklin D. Roosevelt signed the National Labor Relations Act (the Wagner Act) into law in 1935. Today, as the cannabis market expands, it has become a prime target for union organizing. In states like Pennsylvania or Massachusetts, legislators often make unionization a prerequisite for licensing through “labor neutrality agreements,” which require employers to step aside and offer organizers unrestricted access to staff.
Why Would a Dispensary Staff Choose to Unionize?
The cannabis industry relies heavily on employee passion but often operates under high-stress, highly regulated conditions. Workers frequently feel that corporate management views them as interchangeable parts rather than valuable partners.
When communication between staff and management breaks down, a union can step in to balance the scales. By joining together, workers secure an “exclusive bargaining agent,” meaning the union holds the sole legal authority to negotiate a contract regarding pay, benefits, and working conditions. During 2021 organizing efforts at Sunnyside locations in Cincinnati and Wintersville, workers focused heavily on securing livable wages and affordable health insurance.
We saw the emotional weight of this dynamic during the September 2025 strike at the Herbal Wellness Center in Columbus, where employees voiced frustrations over a lack of transparency after months of failed negotiations with management.
“We aren’t trying to be difficult, we just want to be treated fairly and have our voices heard. This strike is about more than just a contract; it’s about respect in the workplace.” — Insights from the August 2025 Herbal Wellness Center Strike
This is the traditional, necessary role of a union: halting production and revenue to ensure that an employer cannot simply ignore the demands and grievances of its workforce.
The Reality of Monopoly Bargaining
While organizers promise better compensation, the strict legal realities of “exclusive representation” often catch workers off guard. Critics call this “monopoly bargaining” because it strips employees of the right to negotiate their own terms; management is strictly prohibited from dealing directly with individuals regarding their pay or working conditions.
Furthermore, during initial bargaining, companies must maintain the “status quo,” meaning they cannot unilaterally grant merit-based bonuses or raises without union approval.
“Interestingly enough, [the employer] cannot give the employees a raise or give them any benefits during this negotiation process. That would be an unfair labor practice charge. … The union has to negotiate it. The union has to approve it. It has to be part of the contract. It’s very rigid in how it all works.” — Mark Mix, President of the National Right to Work Legal Defense Foundation
The Second Check: Holding Unions Accountable
This rigidity is exactly what led to a stalemate for the 18-member team at the Herbal Wellness Center in Athens. After voting to unionize with Teamsters Local 413 in November 2024, the promised improvements turned into a year of frustrating, unproductive negotiations.
Workers found themselves caught in the middle. Furthermore, because Ohio is one of 24 states that lack Right-to-Work protections, workers in unionized shops can legally be forced to pay union dues or fees as a strict condition of keeping their jobs.
If workers are unhappy with a union’s performance, they shouldn’t be trapped. This is where the second layer of accountability becomes vital. Seeking an exit strategy, dispensary employee Todd Cooper spearheaded a movement to file a “decertification” petition with the National Labor Relations Board (NLRB) to kick the union out.
Harsh Reality
However, the workers were met with a harsh reality of labor law: the “blocking charge.” This is a legal tactic used by union officials to delay elections. The union can file these charges to buy time, and there is absolutely no penalty for doing so. If a charge is meritless, the union can simply withdraw it and walk away. The stakes of this delay are incredibly high for workers:
- Missing the Window: Often, when a union contract is in place, workers can only file for decertification during a specific 30-day window (between 90 and 60 days before a contract expires).
- The Three-Year Wait: If union officials successfully prevent a decertification vote from taking place (through blocking charges or other tactics), then under current NLRB rules workers can be forced to wait another three years before they can obtain a decertification vote if a new union contract is signed.
- Monopoly Power: During the delay, the union remains the exclusive representative and continues to collect dues, even if the majority of workers no longer want them there.
“The rules are not written for employees… They’re written for unions. The power is with the union officials, not with the employees.” — Mark Mix, President of the National Right to Work Legal Defense Foundation
With free legal aid from the National Right to Work Legal Defense Foundation, the Athens workers successfully fought through five months of these delay tactics. Eventually, the Teamsters withdrew the charges, and on April 22, 2026, the NLRB officially revoked the union’s monopoly bargaining status.
Understanding Your Rights: Right to Work and Beck Rights
The struggle in Athens shines a light on the broader national debate over “Right to Work” laws. A Right to Work law guarantees that no person can be forced to join or pay dues to a labor union as a condition of employment.
Currently, Ohio is one of 24 states that lack these protections. In non-Right to Work states, union officials can legally negotiate contracts that force private-sector employees to pay union dues or fees just to get or keep a job.
However, there is an important nuance: under the Supreme Court decision Communication Workers of America v. Beck, workers in these states have “Beck Rights.” This grants them the right to remain a nonmember and object to paying the portion of their fees used for union political activities.
“Right to Work” Common Misconceptions vs. Reality
- Misconception: Right to Work is the same as “Employment at Will.”
- Reality: Employment at Will refers to an employer’s right to terminate an employee for any legal reason. Right to Work only relates to whether you can be forced to pay union dues.
- Misconception: Right to Work prevents workers from unionizing.
- Reality: Workers in all 50 states have the federally protected right to unionize. Right to Work simply makes financial support of that union a voluntary choice rather than a mandatory one.
- Misconception: Right to Work destroys unions.
- Reality: Unions exist and thrive in many Right to Work states. However, in these states, the union must continuously earn the support of the workers through its performance rather than through a legal mandate.
A System of Mutual Accountability
The mess at Herbal Wellness Center highlights a profound reality: unions exist to ensure that corporate management doesn’t exploit workers. Conversely, voluntary unionism—the core of Right-to-Work laws—ensures that union bosses don’t exploit those same workers.
If a union delivers strong contracts and excellent representation, workers will gladly fund it. If it fails to deliver, workers have the freedom to pull their financial support or decertify without fear of losing their livelihoods.
The conversation around voluntary unionism is currently making waves at the federal level. For those who believe that union representation should be a personal choice rather than a mandatory condition of employment, there are active bills sitting on the floor of the United States Congress—specifically House Resolution 1232 and Senate Bill 533 (The National Right to Work Act).
You can make your voice heard by contacting your U.S. Representatives regarding these bills.
The goal shouldn’t be to eliminate unions, nor should it be to enforce mandatory dues. The goal should be a balanced environment where everyone—employers and unions alike—must constantly earn the worker’s trust.
