Last week, the National Labor Relations Board began hearing marijuana workers’ allegations against their New Jersey medical marijuana dispensary employer for retaliation, union-busting, and unfair working conditions. This will be the second time the NLRB has entertained hearing a marijuana workers case.

The NLRB’s willingness to hear marijuana labor dispute cases constitutes further federal government legitimization of the marijuana industry. Equally importantly, this reveals that marijuana employers need to be mindful of both state and federal employment laws and regulations.

The federal Taft-Hartley and Landrum-Griffin Acts guarantee private employees the right to form and join unions to bargain collectively with employers for pay and for workplace rights and conditions. The National Labor Relations Act (NLRA) gives private sector employees the right to strike for better wages, benefits, or working conditions, without threat of termination.

The NLRB oversees investigating and remedying unfair labor practices, including union busting, defined as a “range of activities undertaken to disrupt or prevent the formation of trade unions.” [Read more at the Above the Law blog]