BeLeaf Medical is arguing the post-harvest employees at its Sinse facility in St. Louis don’t have the right to unionize because they’re considered agricultural workers
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It’s been over seven months since employees at St. Louis-based Beleaf Medical, a cannabis company, held their vote to unionize, and most of the ballots – 11 out of 16 – are still sealed.
"It’s been quite a while," says Will Braddum, a post-harvest technician at Beleaf’s Sinse facility. "We’re just like, what is happening? Why is this happening? We’re just kind of in the dark waiting."
So, what's causing the delay? It seems to be tied to a larger legal question about whether Braddum and his colleagues fall under agricultural or manufacturing labor laws. If they’re classified as agricultural workers, they wouldn’t have the legal right to unionize under national labor laws.
Soon after the employees filed their union petition last September, the company argued before the National Labor Relations Board (NLRB) that the workers aren’t in manufacturing—they’re agricultural workers, which would block them from forming a union.
But Braddum and his team, along with the NLRB’s regional director, believe their work is more like what employees in tobacco processing plants do. Courts have ruled that those workers don’t count as agricultural, giving them the right to unionize. Braddum explained his position, saying, “I’ve never touched a living plant at work,” as he and his fellow workers organize with the United Food and Commercial Workers International Union Local 655.
Beleaf has taken this issue all the way to the national NLRB, asking for a definitive ruling on whether processing dried marijuana plants gives workers the right to unionize. That’s probably why the ballots have remained unopened, says St. Louis labor attorney George Suggs. “If this is a unique situation, there’s no reason for [the regional director] to get out front by opening those ballots,” he said. “Ultimately, the board will resolve it.”
But even if the national NLRB sides with the employees, Suggs warns the fight could continue. He says the company might refuse to negotiate with the union, forcing the case into federal court. "Employers have this ability to string out the results of a campaign," especially in industries with high turnover. By the time a decision is made, it’s possible that union support may fade. “That’s the tactic,” Suggs adds. “That’s what employers have been doing over the 40-plus years that I’ve been practicing labor law.”
Over these long months of waiting, employees have noticed changes in their roles. Ahmad “Jxggy” Haynes, another post-harvest technician at the Sinse facility, said, “It just seems like they’re trying to push our jobs more and more in the direction of quote-unquote farmers.” He also mentioned that the company has hired temporary workers to handle manufacturing tasks like packaging, which used to be done by union members.
The use of temporary workers began after the union petition was filed, and at a recent staff meeting, Beleaf’s HR representative shared that they’ve cycled through 150 temp employees since October. Despite this, the temps were told not to expect full-time positions anytime soon.
Twice this year, NLRB Regional Director Andrea Wilkes has ruled that the work performed by the post-harvest employees is comparable to tobacco processing plant employees. In a January ruling, she noted that “removing the veins from tobacco leaves and fermenting the leaves has been held to be outside the definition of agriculture,” meaning the workers aren’t classified as agricultural.
Beleaf’s response suggests that this battle is far from over. In a February letter to Wilkes, the company’s attorney stated their intent to take the case to the U.S. Court of Appeals for the 8th Circuit if needed. To get there, the company could refuse to bargain with the union, which would lead to a "technical violation" and allow them to challenge the issue in federal court. Suggs points out that the 8th Circuit, known for its conservative judges, could present a tough challenge for the workers, saying, “You’ve got a number of very conservative judges who are kind of hostile to the labor movement generally.”
Sean Shannon, the lead organizer with UFCW Local 655, isn’t surprised by Beleaf’s approach. "They clearly stated their intention to bring this as far as the 8th Circuit Court – which is several steps into the fight – in their original statement," Shannon said, referring to the company’s February letter. "I feel nothing but clear intent to obstruct this union at all costs, which ironically proves just how much these folks need a union."
As the fight continues, it’s clear that the road to unionization at Beleaf Medical is going to be a long one. But for Braddum, Haynes, and their coworkers, the struggle underscores how important the right to organize is for them.
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