Tag Archives: nlrb

Starbucks Settles Charges, Union Refuses to Sign

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An article published by the Bureau of National Affairs reports that Starbucks is happy about the results of a settlement reached with the National Labor Relations Board (NLRB) earlier this month over the firing of a union barista fired in East Grand Rapids.

According to the article, Starbucks issued a statement saying, “We feel vindicated as the agreement does not require reinstatement of or back pay to a partner whose termination we believe was appropriate.”

The settlement was reached a day before a scheduled trial in the case. Under the terms of the settlement, Starbucks will expunge the record of termination from the employee’s personnel file and will post a notice for 60 days at the East Grand Rapids store outlining employees’ rights under the National Labor Relations Act (NLRA). Starbucks is not required to reinstate Dorsey or issue back pay. While the settlement did not allow Starbucks to deny wrongdoing, it also is not an admission of guilt.

The Grand Rapids Starbucks Workers Union did not sign-on to the settlement, saying that it prefers open trials and arguing that the fired union organizer was not award the remedies he deserves.

The NLRB approved the settlement without the Union signing on. The union has no plans to appeal the matter.

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.

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

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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.

Another NLRB Complaint against Starbucks

photo of starbucks union picket

The National Labor Relations Board (NLRB) has filed another complaint against Starbucks for anti-union activity. Following an independent investigation, the NLRB has accused Starbucks of firing New York City area barista Isis Saenz for participating in a union protest. According to the Starbucks Workers Union, Saenz was fired after she attended a protest outside of a bookstore where Starbucks Chairman Howard Schultz was speaking. The Union maintains that Starbucks was upset that Saenz referred to Starbucks Regional Vice President Jim McDermott as “Jimmy” while other protests were shouting “shame, shame” over Starbucks failure to pay a decent wage to is baristas.

The announcement comes as Starbucks is preparing to go to court on July 9 over a pervious 30-count legal complaint by the NLRB and shortly after the NLRB accused a New York district manager of interrogating employees about their union activity.

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.