Monday, September 20, 2010
The Scramento Bee reported on September 20, 2010 via an AP story that 40 Marijuana workers voted to join the Teamsters Union. Apparently, they did more than vote to join the union as the employer has recognized the union in that it agreed to increase wages from 18 dollars per hour to almost 26 dollars per hour over a 15 month period.
As I recall, it is still a crime under federal law to sell Marijuana whether it is used for medical purposes or not. However, the feds are not enforcing that law, at least in California when the Marijuana is being used for medical purposes. An interesting legal issue would arise with respect to the role of federal law (NLRA) in such circumstances if these employers are subject to the NLRA. Significantly, however, these employees are probably not protected under the NLRA as the NLRA excludes agriculatural workers from its protection.
However, in Calfornia, such workers are protected under state law which created an administrative agency called the California Agricultural Labor Relations Board. I believe that this agency will protect these workers.
Only in California!
Mitchell H. Rubinstein