Oct 3 (Reuters) - Former Starbucks CEO Howard Schultz
violated federal labor law by telling a barista in California
who criticized the coffee chain's response to a nationwide union
campaign to "go work for another company," the National Labor
Relations Board has ruled.
The board on Wednesday said the comment by Schultz during a
company event in 2022 amounted to an illegal threat that could
discourage unionizing, upholding a decision by an administrative
judge.
Schultz was chief executive of Starbucks ( SBUX ) for three separate
stints beginning in the 1980s before he stepped down last year,
and is widely credited with turning the brand into a global
phenomenon.
Schultz had met with a group of Starbucks ( SBUX ) employees from
stores in Long Beach, California, to discuss concerns about
working conditions and made the comment to one of them, Madison
Hall, after she criticized the company's treatment of workers
and resistance to unionizing.
"Schultz's generic assurances against retaliation at the
opening of the meeting hardly lessened the objective tendency of
his invitation to quit to have a coercive effect on ... the
employees in attendance, particularly given his surrounding
explicit references to the Union," the board said.
Starbucks ( SBUX ) and Workers United, the union organizing the
company's workers, did not immediately respond to requests for
comment on Thursday. The decision can be appealed to a federal
appeals court.
Workers at 500 Starbucks ( SBUX ) locations in the U.S., including
one in Long Beach, have voted to unionize since late 2021.
Starbucks ( SBUX ) has faced allegations of widespread illegal
union-busting from workers, labor groups and Democratic
lawmakers, which it has denied. Earlier this year, Starbucks ( SBUX ) and
Workers United announced a nationwide "framework" to guide
organizing and collective bargaining and potentially settle
scores of legal disputes.
At the 2022 event at a conference center in Long Beach, Hall
said the company should engage in collective bargaining and
pledge not to interfere with union organizing. She also asked
Schultz about allegations of illegal labor practices, according
to board filings. No other workers raised concerns related to
unionizing, according to board filings.
Schultz in response asked Hall why she was "angry at
Starbucks ( SBUX )." He said he had not come to discuss union issues and
told her that "if you're not happy at Starbucks ( SBUX ), you can go work
for another company," according to filings in the case.
The NLRB on Wednesday rejected Starbucks' ( SBUX ) claim that the
broader context in which Schultz made the comments showed they
were not intended to discourage organizing. Schultz demeaned
Hall by calling her angry and noting that she had only worked
for Starbucks ( SBUX ) for two years, the board said.
"These factors, set against a backdrop of unfair labor
practice litigation arising from [Starbucks' ( SBUX )] response to the
Union's nationwide organizing, provide ample context for finding
Schultz's statement objectively coercive," the board said.
The decision bars Starbucks ( SBUX ) from "impliedly threatening
employees with discharge if they engage in union or other
protected concerted activities" and requires the company to post
notices of the violation at its stores in the Long Beach area.
The case is Starbucks Corp ( SBUX ), National Labor Relations Board,
No. 21-CA-294571.
For Starbucks ( SBUX ): Jonathan Levine of Littler Mendelson
For the union: Gabe Frumkin of Barnard Iglitzin & Lavitt
For the NLRB general counsel: Lindsay Parker
Read more:
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US Supreme Court backs Starbucks ( SBUX ) over fired pro-union
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Starbucks ( SBUX ) must rehire fired union supporters, US appeals
court rules
Starbucks' ( SBUX ) ex-CEO Schultz resists 'union busting' claims by
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campaign, judge rules
(Reporting by Daniel Wiessner in Albany, New York)