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National Labor Relations Board › Employer Liability Issues › Starbucks

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Bradley Arant Boult Cummings LLP

TIPS at the Coffee Shop: A Caffeinated Reminder About What Not to Do During Union Campaigns

Bradley Arant Boult Cummings LLP on

The National Labor Relations Board issued yet another Starbucks decision this past week. Again, the Board upheld an administrative law judge’s opinion that Starbucks violated the National Labor Relations Act during a union’s...more

Franczek P.C.

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

Franczek P.C. on

On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Foley Hoag LLP

The National Labor Relations Board Loses Deference in Pursuit of Preliminary Injunctions

Foley Hoag LLP on

On June 13, 2024, the Supreme Court resolved a long-standing split among circuit courts when it issued a ruling in a high-profile labor dispute between Starbucks and the NLRB. The case originated in Memphis, Tennessee, where,...more

Seyfarth Shaw LLP

SCOTUS Confirms the Proper Standard for Injunctive Relief Under the NLRA

Seyfarth Shaw LLP on

In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the...more

Bradley Arant Boult Cummings LLP

Union Activity on a Coffee Break? DC Circuit Upholds NLRB’s Decision on Pro-Union Pins and Paraphernalia in Starbucks Case

Bradley Arant Boult Cummings LLP on

Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more

Bradley Arant Boult Cummings LLP

How Quickly Can the NLRB Get You? The Supreme Court to Decide in Starbucks Appeal

Bradley Arant Boult Cummings LLP on

As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be...more

BakerHostetler

A Brewing Issue: The Supreme Court Accepts a Coffeemaker’s Request To Revisit Section 10(J)

BakerHostetler on

When the National Labor Relations Board (NLRB or the Board) issues an administrative complaint accusing an employer of unlawful labor practices, it triggers in-house proceedings before the Board. These in-house proceedings...more

Benesch

Starbucks Union Dispute Reaches Supreme Court

Benesch on

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Faegre Drinker Biddle & Reath LLP

NLRB Finds Secret Workplace Recordings to Be Protected Activity

Faegre Drinker Biddle & Reath LLP on

On February 13, 2022, the National Labor Relations Board (NLRB) held that Starbucks violated federal labor law at multiple locations in Philadelphia in 2019 and 2020. The decision, issued by the NLRB’s three Democrats, found...more

Stevens & Lee

Dos, Don’ts and Takeaways for Employers: Navigating Increased NLRB Scrutiny Over Union Organizing Activity

Stevens & Lee on

Facing a union organization drive in its stores around the Buffalo, NY, Starbucks was issued a complaint by the National Labor Relations Board (the NLRB “Board”) on May 6, 2022. The complaint asserts that Starbucks...more

McAfee & Taft

Want a union card with your latte?

McAfee & Taft on

For some, loyalty to a particular coffee brand rivals a person’s devotion to their college football team. Kathleen, my spouse, would crawl three miles over broken glass for her Starbucks Americano decaf. I favor QuikTrip and...more

Baker Donelson

Two Recent Cases May Indicate Expansion of the NLRB’s Position Regarding Organizing Activity

Baker Donelson on

In June, the National Labor Relations Board (NLRB) ruled that Starbucks violated labor law by firing a worker, union supporter Joseph Agins, who used profanity in front of customers. In 2010, the NLRB found that Starbucks...more

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