Starbucks takes on the federal labor agency before the Supreme Court

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Starbucks takes on the federal labor agency before the Supreme Court
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Justices will hear Starbucks' case against the National Labor Relations Board, the federal agency that protects the right of employees to organize.

After Starbucks fired seven workers who were trying to unionize their Tennessee store, a U.S. government agency obtained a court order forcing the company to rehire them. Now, Starbucks wants the Supreme Court to curb the government's power in such cases.

Workers at 420 company-owned U.S. Starbucks stores have voted to unionize since late 2021, but none of those stores has secured a labor agreement with Starbucks. The NLRB asked a federal district court to intervene and require Starbucks to rehire the workers while the case wound its way through the agency's administrative proceedings. A district court judge agreed with the NLRB and issued a temporary injunction ordering Starbucks to rehire the workers in August 2022. After the 6th U.S. Circuit Court of Appeals upheld that ruling, Starbucks appealed to the Supreme Court.

Since 1947, the National Labor Relations Act — the law that governs the agency — has allowed courts to grant temporary injunctions requested by the NLRB if it finds them"just and proper." In its review of what transpired at the Starbucks store in Memphis, the Sixth Circuit required the NLRB to establish two things: that it had reasonable cause to believe unfair labor practices occurred and that a restraining order would be a"just and proper" solution.

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