A Michigan-based cannabis company is trying to use a novel strategy to stop unionization efforts: convince the Trump administration that marijuana workers do not enjoy federal labor law protection because marijuana is illegal under federal law.
Observers told Observers that if workers on the $32 billion national market might see their rights and protections weakened, if the argument based on the exclusive Ann Arbor recently submitted to the National Labor and Industrial Relations Board (NLRB) is successful. mjbizdaily.
Several observers told mjbizdaily.
Such a discovery would require the NLRB to contradict itself and declare it incorrect after years of recognizing the cannabis union, and that the National Labor Relations Act (NLRA) does not apply.
Lauren McFarran, former chairman of NLRB, told mjbizdailybecause previous decisions have endorsed the rights of marijuana workers under federal labor laws.
Possible major labor reversal under the Trump administration
Maggie Gray, a political science professor at Adelphi University, said that under Trump, this is possible.
“The NLRB has made many decisions that recognize cannabis workers,” Grey admitted.
At the same time, she noted, the Trump administration has shown a reduction in appetite for protection of the Union for the protection of the public and private sector workers.
“So if the Trump-appointed NLRB decides not to know cannabis workers anymore, I don’t think it will be surprising.”
Before that, the Trump administration needs to make more appointments to the board until there is a quorum of at least three members, the board simply cannot meet and make any decisions.
In this vacuum, state-level labor laws are still applicable. This is another piece of paperwork for the rules for navigating workers and cannabis companies.
Michigan’s situation has an impact on workers
In Michigan, eight workers at the exclusive brand store in Ann Arbor have been on strike since Aug. 28.
Partner and organization committee member Emily Hull said it was a response to the company’s decision to refuse to know them joining United Food and Commercial workers.
Establishing a trade union is just a step forward on the long road to negotiating contracts.
Hull said there is a retaliation model among workers’ dissatisfaction, reducing employees’ time to punishment for raising questions at work.
She added that she exclusively refused to communicate with the union.
Omar Hishmeh, the exclusive brand president, didn’t have the company’s Detroit attorney Josh Leadford, either responded mjbizdaily Request for comment.
In a petition filed with NLRB on August 4 mjbizdailyLeadford believes: “(F)Ederal Courts does not have, nor will it exercise jurisdiction over (exclusive) business because its business involves the processing and sale of cannabis, which is a substance controlled under Program I under Federal Law under Federal Law.”
It added: “In line with the Rule, neither (the alliance) nor (exclusive) can invoke the Act, the jurisdiction of the NLRB, or the purpose of implementing the provisions, protections, restrictions and other statutory provisions of the Act, will promote, promote and/or benefit from legal activities that are reunited by federal law.”
Leadford’s brief petition does not cite NLRB’s previous decisions or case law to support its argument.
According to the case file, the hearing is being heard.
Some states have better labor laws than others
In a Monday interview mjbizdailyMcFarran, who was appointed chairman in December, noted that even the Republican-appointed regional and national review teams found that the NLRA was suitable for marijuana.
“None of them found out that the fact that marijuana was involved meant that the board lacked jurisdiction,” she said.
But with the NLRB in a dilemma, all labor issues can be restored to state officials.
This is what California, New York and Massachusetts calls the “triggering law” requirement: if the NLRB fails to function, workers are allowed to petition the state labor relations entity.
This can be against cannabis companies in this blue state. By contrast, the cannabis industry performs relatively well compared to other states in states with weak labor laws, which would be a boon.
It is unclear what will happen next in Michigan, where Democratic lawmakers repeal anti-union “right to work” laws in 2024.
When asked if state regulators would step in, a spokesperson for Michigan’s marijuana regulator said it was impossible to comment.
Michigan Labor officials did not comment on Monday.
The exclusive brand has 125 employees in two locations, including 18 locations in Ann Arbor, Hull and seven of her colleagues are on strike.
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Uncover Biden’s legacy
Under federal labor laws, marijuana workers already enjoy unequal protection.
This is partly because NLRA does not cover agricultural workers, but rather omits marijuana training staff.
The exception is states where state laws cover agricultural workers such as California.
The union has made great strides in organizing workers in the labor-intensive cannabis industry under the Biden administration, widely regarded as one of the easiest white houses to work in decades.
Workers at a Trulieve marijuana cultivation site in Arizona were the first AG industry workers to be organized in the state within 25 years.
Meanwhile, several cannabis companies, including major cannabis Toda operators such as Curaleaf Holdings and Green Thumb Industries, are willing to challenge union efforts at the NLRB and courts.
Recently, California’s largest tiller, Glass House Brands, seems to have overlooked labor-friendly licensing requirements without state regulators noticing.
Cannabis companies in California, New York and Oregon have filed a demand to overturn the workforce-friendly.
Observers say the exclusive petition could be seen as another example of relaxing Biden’s legacy, as well as an experiment to see what boundaries the Trump administration may cross next.
“It seems they are testing the waters and seeing what they can get rid of,” Hull said.
Chris Roberts can be chris.roberts@mjbizdaily.com.
