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NLRB Files Complaint against Starbucks for Anti-Union Activity

Today, the Grand Rapids Starbucks Workers Union announced that the National Labor Relations Board (NLRB) has filed a complaint against Starbucks for the firing of former Starbucks barista Cole Dorsey. The NLRB claims that Starbucks unlawfully terminated Dorsey because of his involvement in the Starbucks Workers Union. Additionally, the Occupational Safety and Health Administration (OSHA) is currently determining whether or not Starbucks unlawfully terminated a barista who reported a leaky roof to the agency.

Excerpts from the Union’s press release:

Labor Board in Michigan Files Complaint Against Starbucks Over Illegal Union-Busting

A Further Complaint is Pending on Starbucks Lawyers Questioning of Baristas

Grand Rapids, MI- The Starbucks Coffee Co. barely had time to wipe the dust off after settling a Labor Board case against it in Minnesota when it got hit with another complaint here. With stark similarities to the Minnesota case and prior cases in New York, the National Labor Relations Board contends that Starbucks engaged in Unfair Labor Practices when it unlawfully terminated outspoken union member and barista, Cole Dorsey, because of his protected activities. Starbucks also has a week to decide if they will settle the complaint issued against them that they further engaged in Unfair Labor Practices through their lawyer’s interrogation of baristas. Starbucks is set to stand trial on November 20, 2008.

“Starbucks tried to quietly get rid of me because as a union member I speak out for the respect baristas deserve,” said Cole Dorsey, the fired barista and member of the IWW Starbucks Workers Union. “It’s time for Starbucks to start addressing the issues, like poverty wages to baristas and coffee farmers, instead of spending tons of money on anti-union lawyers and social responsibility advertising gimmicks.”

Concurrently, the Occupational Safety and Health Administration (OSHA), the government’s health safety watchdog, will soon announce their decision of a recently concluded trial to determine whether a barista was unlawfully terminated for reporting a health violation.

In the OSHA trial, Starbucks management and local baristas testified regarding a barista who was fired a week after filing a health complaint over a leaky roof. Prior to the trial, lawyers from Varnum, Riddering, Schmidt, and Howlett interrogated multiple baristas in an attempt to find out what their answers would be at the OSHA trial. The prominent Grand Rapids corporate law firm continues to represent Starbucks after they signed a settlement agreement with the NLRB in 2006 saying they would end barista interrogations.

“Starbucks’ aggressive anti-union attorneys may have crossed the line into illegality,” said Pete Montalbano, a New York-based organizer with the IWW Starbucks Workers Union. “Given Starbucks’ track record of flaunting labor law, this doesn’t come as a surprise.”

Starbucks has previously settled charges with the NLRB over anti-union activities at its East Grand Rapids store.

Grand Rapids Starbucks Union Files Labor Act Complaint

iww starbucks union logo

The Starbucks Workers Union here in Grand Rapids, Michigan has filed another set of charges against Starbucks according to a press release issued today. The Union is charging that Starbucks is violating a settlement in which it agreed to refrain from anti-union activity:

“Grand Rapids, MI (04/10/2008) – As Starbucks awaits the decision in a trial over 30-plus unfair labor practices in New York City, the IWW Starbucks Workers Union has filed labor charges against the company in Michigan. These new charges come less than a year since Starbucks signed a settlement agreement with the National Labor Relations Board pledging to refrain from unlawful anti-union intimidation in Grand Rapids. Baristas say Starbucks anti-union activity has continued unabated since the agreement. The new charges include violations of the settlement agreement.

“Instead of respecting the agreement they reached with the NLRB, Starbucks has continued retaliating against employees. They continue to refuse to respect barista’s right to organize,” said Cole Dorsey a barista and union member in East Grand Rapids. “Instead of trying to get publicity with national barista ‘re-trainings’, Howard Schultz needs to re-train his management team so they quit violating national labor laws.”

The new charges include further discrimination of bulletin board usage – a violation of the agreement signed last year. They also include selective punishment of union baristas, scheduling baristas based on their union sympathies, and not allowing union baristas to transfer to other stores.

The IWW Starbucks Workers Union is a grassroots organization of employees at the world’s largest coffee chain united for secure work hours and a living wage. The union has members throughout the United States fighting for systemic change at the company and remedying individual grievances with management.

Union baristas, bussers, and shift supervisors have fought successfully for improved scheduling and staffing levels, increased wages, and workplace safety. Workers who join the union have immediate access to co-workers and members of the community who will struggle with them for a better life on the job.”

In the past, Mediamouse.org has covered efforts to organize the Starbucks workers at the company’s East Grand Rapids store and in West Michigan more generally. We’ve covered the announcement of the union’s formation, press conferences, and labor act violations.

Starbucks Settles Charges with NLRB over Anti-Union Activities in Grand Rapids

iww starbucks union logo

On Friday, the Starbucks Workers Union–a union affiliated with the Industrial Workers of the World (IWW) and formed in response to Starbucks’ mistreatment of its baristas–held a press conference outside of Starbucks’ Wealthy Street store in East Grand Rapids to respond to charges filed by the National Labor Relations Board (NLRB) against the company. The charges included allegations that store employees were denied access to a store bulletin board that was previously open after an employee posted union materials, that a store manager threatened employees with “discharge and unspecified reprisals” if they engaged in union activities, and that they failed to change employee handbooks to indicate that employees could wear union buttons and have union literature based on a 2006 settlement in New York City.

The Union originally expected to know whether or not Starbucks would settle the charges or fight them before the 3:00pm press conference. However, Starbucks got word of the planned press conference and delayed its announcement until 4:00pm. Starbucks chose to settle the charges and will be required to post a notice in all of its “District 7″ stores–including Michigan and portions of Ohio–admitting to wrongdoing.

A video of the press conference is available:

Starbucks is currently involved in a legal fight with the NLRB in New York City where it is facing 30 charges of unfair labor practices. The Grand Rapids branch of the Starbucks Workers Union announced its formation and intent to file charges with the NLRB this year on the third anniversary of the founding of the national union.

Legendary IWW returns to Grand Rapids

photo of starbucks organizers

by Micheal Johnston – Grand Valley Labor News

They’re twenty-somethings, idealistic, motivated and creative. In Grand Rapids they’ve been raised in anti-union, narrowly conservative and hyper-religious West Michigan. Until recently they viewed unions with hostility or as dinosaurs awaiting extinction. Most were indifferent to unions until now.

Across the globe, across the U.S., and in West Michigan they are shaking up the moribund labor movement and the Starbucks world of overpriced coffee, underpaid workers and hypocritical marketing.

Baristas at the Wealthy Street Starbucks, in East Grand Rapids, announced May 17 their membership in the IWW Starbucks Workers Union, becoming the first store in Michigan to declare union membership at the world’s largest coffee chain.

On the third anniversary of the founding of the IWW Starbucks Union in the U.S., Grand Rapids wobblies (as IWW members have been known for over one hundred years), coordinated their coming out at the same time Chicago IWW barristas marched into their shop and told their manager they were signing up into the union.

Wobs in G.R. served Starbucks management at the cafe, located on 2172 Wealthy St. SE, with a declaration of union membership and a set of demands including a living wage, guaranteed work hours, reinstatement of IWW baristas fired for organizing activity, and respect for an independent voice on the job.

Grand Rapids, Chicago and New York wobblies were also joined by Starbucks workers in Austria, England, Spain and Australia who demonstrated in front of stores to protest the company’s union-busting tactics.

The wobblies have practiced this type of coordinated global activities, international solidarity unionism, since the union’s founding in Chicago in 1905. Having created the universal labor motto, “an injury to one is an injury to all,” they see all those who work for a living as equal and refuse to be divided by international boundaries, politics, age, race, gender, craft, education, religion or workplace.

“For a company as profitable as Starbucks my fellow baristas and I should be better compensated for our work,” said Cole Dorsey, an IWW barista at the Wealthy St. store. “We hope to build on the achievements already won by the IWW Starbucks Workers Union in New York and Chicago, and improve our working conditions here in Grand Rapids.” After management got wind of the “union talk” at Starbucks cafes in Grand Rapids, all baristas citywide were forced to sign Starbucks corporate statement on unions. One victory already won at the Wealthy St. store is more consistent scheduling, which came about directly after workers began discussing the union.

In stark contrast to its employee-friendly image, Starbucks workers in Grand Rapids and around the world face low wages and barriers to health care and other benefits.

After years of promoting itself as a leader in employee health care, Starbucks was forced to admit that only 42% of its employees (including management) are covered by company health care- that figure is lower than Wal-Mart’s 47%, a company often condemned for its poor health care package.

In Grand Rapids, baristas start at only $7.25 per hour and, like all cafe workers at the company, are not guaranteed any number of work hours per week. Employees who expect to work full-time are often not given the necessary number of hours to qualify for health care benefits.

Founded in 2004, the IWW Starbucks Workers Union has won three wage increases, more consistent scheduling, and safety improvements at Starbucks stores across the country without the benefit of a traditional union contract.

Unlike mainstream unions, IWW organized workplaces do not wait for months and years for a contract to be ratified to begin changing the work environment.

Without a strike fund or huge treasury, wobs use their knowledge of the workplace and the legendary tactics that made them famous to pressure the company on the job, in the community, and around the globe, to win demands and remedy member grievances with management immediately.

The union’s organizing approach is known as solidarity unionism whereby workers themselves control their own organization. There is no central office looking over their shoulders telling them what and what not to do. A highly motivated and idealistic membership runs the uion with, few paid officials and an intense internal democracy that prevents bureaucracy, inertia and dues collecting from taking over the union.

Wobblies practice a bottom up, do it yourself-type unionism, not unlike that practiced by the CIO in the years before WWII. Many ex-wobblies taught the autoworkers, rubber workers, woodworkers and electrical workers how to organize.

Whenever possible the IWW Starbucks Workers Union, like the much larger mainstream unions UFCW and SEIU, routinely avoids using National Labor Relations Board (NLRB) government certified workplace elections or relying on U.S. labor law for enforcement.

Today U.S. labor organizations believe current labor laws to be almost useless in protecting worker rights. They are leading an effort in Congress to amend them against a firestorm of opposition from Walmart, the U.S. Chamber of Commerce, and the National Association of Manufacturers. In March, President Bush threatened to use the first veto of his presidency to kill the first attempt at labor law reform since the 1930s.

Starbucks does not recognize the union and is waging a relentless campaign to crush the organization, which resulted in a large complaint leveled against the company by the NLRB. The government settlement agreement of those charges is available on the web at http://www.starbucksunion.org/node/712.

According to a recent issue of the Nation, a New York based progressive national magazine, “baristas in Grand Rapids… announced that they were filing a legal complaint against the company for violating their organizing rights through unlawful surveillance and other questionable tactics.

When you pay $4 for a cup of coffee-flavored foamy milk at Starbucks, part of what you’re buying is an illusion of corporate social responsibility. The store exudes a warm glow of righteousness, from the recycled paper napkins to the empathetic messages about sustainable trade and ecological practices – Our farmers are happy! Buy a better lightbulb! Have some foamy milk! The workers behind the counter are hoping the public will look beyond the greenwashing and support the campaign… In New York, the NLRB has accused Starbucks of violating workers’ freedom of association in about thirty different ways, including illegally firing, threatening and disciplining workers for supporting the union. Managers forbade workers from talking about the union – even when off duty – or wearing union buttons. The trial is in June.

The widespread use of the internet by young people, coupled with the growing disenchantment with the naked and abusive power of global corporations, and the severe decline of the mainstream labor movement has revived the IWW in recent years. At the height of its power in the early 1920s, the IWW numbered over 100,000, declining to less than a few hundred in the early 1960s.

The IWW represented printers at the Eastown Community Association for several years in the late ’70s, until it closed.

Today the IWW is the only union that actively organizes globally while being the fastest growing union of young workers in the United States. Currently the IWW has branches and organized workplaces in Canada, England, Scotland, Australia, Germany and 28 U.S. states. Wobblies are recyclers, cinema staff, truckers, bicycle mechanics, university support staff, adjuncts, warehousemen, co-op printers, bike couriers, dock workers, teachers, professors and food service workers.

Those who are seeking more information about the Starbucks Union campaign can contact: Grand Rapids – Cole Dorsey, Barista and Union Member (616) 881-5263; Chicago – Joe Tessone, Barista and Union Member (815) 545-5273; New York – Daniel Gross, Organizer IWW Starbucks Workers Union (917) 577-1110; or the Industrial Workers of the World at IWW.org.

Labor Board Accuses Starbucks of Violating the Law in Anti-Union Campaign

The National Labor Relations Board (NLRB) has accused eleven Starbucks managers in New York City of violating the law thirty different times in its campaign against the Starbucks Workers Union. The complaint made detailed charges outlining Starbucks’ efforts to suppress union organizing including managers firing workers supportive of unionizing, threatening others, and giving workers negative performance reviews. Additionally, the NLRB has accused Starbucks’ management of illegally interrogating workers about their support of the union and prohibiting workers from discussing the union on breaks.

While Starbucks has dismissed the charges stating that “we believe the allegations are baseless, and we will vigorously defend ourselves” the Starbucks Workers Union is highlighting the fact that this is the second time that the NLRB has accused Starbucks of engaging in anti-union intimidation. A previous ruling by the NLRB forced Starbucks to negotiate with the Starbucks Workers Union and resulted in Starbucks offering jobs to two fired workers and paying $2,000 to Starbucks’ employees. In a statement to the media, Starbucks Workers Union organizer Daniel Gross stated that “this Labor Board complaint reveals that repeat-offender Starbucks is an unrepentant violator of workers’ rights” and highlighted the fact that “it’s remarkable that our union is growing stronger everyday despite an almost three year campaign of illegal dirty tricks to defeat us.” Despite Starbucks claims of being a “socially responsible” employer, the Starbucks Workers Union has documented unfair wages paid to both Starbucks baristas and farmers in Ethiopia that grow coffee sold at Starbucks.