- NLRB affirms administrative law judge decision
- Starbucks can challenge ruling in federal appeals court
Starbucks failed to show it would have fired Hannah Whitbeck absent her legally protected activity, the NLRB said in its Wednesday decision.
The ruling upholds an administrative law judge’s October 2022 ruling against Starbucks for sacking Whitbeck, which was the first of 21 ALJ decisions finding that the coffee giant committed unfair labor practices in its efforts to resist unionization.
Regional NLRB officials have issued 100 complaints alleging the company violated labor law, including a nationwide case claiming it illegally failed or refused to bargain with 163 stores across the country. About 350 Starbucks locations have unionized since late 2021; none have formed a collective bargaining agreement with the company.
Starbucks can appeal the board’s ruling on Whitbeck’s termination in federal circuit court.
A Michigan federal judge issued an injunction against Starbucks in February prohibiting the company from firing workers at the store while the underlying unfair labor practice case moved forward at the NLRB. That federal order is set to dissolve now that the board has ruled in the case.
Company spokesman Andrew Trull didn’t immediately provide comment on the ruling.
The case is Starbucks Corp., N.L.R.B., Case 07-CA-292971, 8/9/23.
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