NLRB Takes “Joint Employer” Ruling One Step Further
NLRB Rules Medical Marijuana Non-Profit A “Joint Employer”
Yes, it really happened. The NLRB is doing it’s part to help keep Portland weird in a recent decision impacting several employers in the local medical marijuana business.
Three Portland-based organizations involved in the medical marijuana have been named as joint employers under the new NLRB joint employer standard after allegedly refusing to hire an applicant due his involvement in union organizing.
According to the decision released on 12/17/2015, the Campaign for the Restoration and Regulation of Hemp, THCF, and Presto Quality Care Corporation were ruled to be joint employers after the CEO made statements to an applicant “that he couldn’t hire him because he was a member of the IWW and that he couldn’t hire him until “the union stuff blew over,”
CRRH, THCF and Presto constitute a single employer, as well as a joint employer within the meaning of the Act, and has been an employer engaged in commerce within the meaning of Section 2(2), (6) and (7) of the Act. 2. By telling Matthew Marino that he couldn’t hire him because he was a union member and supported the Union’s unfair labor practice charge, and by refusing to hire Marino in August 2014 because of his membership in, and activities on behalf of, the Union, the Respondent violated Section 8(a)(1)(3)(4) of the Act.
The NLRB ordered the following remedy:
The Respondent, having refused to hire Marino as a canvasser in August, shall offer him a position of a canvasser or, if that position no longer exists or is unavailable, to a substantially equivalent position, and shall make him whole for any loss that he suffered due to its refusal to employ him. I shall also order the Respondent to file a special report with the Social Security Administration allocating Marino’s backpay to the appropriate calendar quarters and to compensate him for any adverse income tax consequences of receiving his backpay in one lump sum