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US labor Agency: Marijuana Trimmers, Grow-Room Employees Can’t Unionize

The NLRB is an independent federal agency

Marijuana cultivators, trimmers, sorters and packagers can’t form unions because they qualify as agricultural laborers, according to a watershed new ruling from U.S. labor regulators.

The decision, 04_CA_260089_10_21_20_.pdf,, was released last week by the National Labor Relations Board and counters previous decisions by the labor board that marijuana growers are employees and not agricultural workers.

The distinction is important because agricultural laborers under federal law do not have the right to organize unions, although “employees” do.

The NLRB is an independent federal agency that protects the rights of private-sector employees to form unions.

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