Todd Lyon, co-chair of Fisher Phillips Labor Relations practice, recently spoke with Law360 about a NLRB ruling that found workers at a cannabis cultivation and processing facility eligible to unionize under a state statute. The NLRB decision prohibits cannabis laborers from organizing under federal law and the article examines the important take-aways on the ruling. Todd explains that states have taken more interest in regulating the cannabis industry – including unions and employers’ conduct in their labor relations – since the legalization of recreational marijuana in some places.
Todd predicts there will be eventually a collision with the state regulations seeking to control this relationship, and the National Labor Relations Act, where that conduct and the relationship is already managed on a federal scale. And that the federal statue would preempt any state statue on this.
To read the article, visit Law360 (subscription required).
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