If the court sides with Starbucks, it could make it tougher for the National Labor Relations Board to step in when it alleges corporate interference in unionization efforts.
FILE – Starbucks employees and supporters link arms during a union election watch party Dec. 9, 2021, in Buffalo, N.Y. The U.S. Supreme Court is set to hear oral arguments in a case filed by Starbucks against the National Labor Relations Board. 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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