May 13 (Reuters) - A National Labor Relations Board
administrative judge has opted not to delve into Starbucks' ( SBUX )
claims that the agency's structure is unconstitutional, while
ruling that the coffee chain committed various labor law
violations at a unionized New Orleans store.
Administrative Law Judge Geoffrey Carter in a decision on
Friday said he lacks the authority to rule on constitutional
issues, and the claims made by Starbucks ( SBUX ) - along with SpaceX,
Amazon, and Trader Joe's in other cases - are "a matter for the
federal courts to decide."
"Ruling on the constitutional question here would entail
halting (at least in part) the operation of the agency, and such
a step would be in tension with my duty to faithfully administer
the [National Labor Relations] Act," he wrote.
Carter did not weigh the merits of Starbucks' ( SBUX ) claims that
the NLRB's in-house enforcement proceedings and protections from
removal for administrative judges and board members violate the
U.S. Constitution.
Starbucks ( SBUX ) can ask the five-member board to review the
decision, and then appeal its ruling to a federal appeals court.
In a statement, the company said: "Our focus continues to be
on training and supporting our managers to ensure respect of our
partners' rights to organize and on progressing negotiations
towards ratified store contracts this year."
Workers United, the union behind a nationwide campaign to
organize Starbucks ( SBUX ) locations, did not respond to a request for
comment.
The ruling is the first by an NLRB judge in a growing number
of cases attacking the agency's structure, including by Amazon
and Trader Joe's in pending board cases and SpaceX in two
separate lawsuits seeking to block the board from hearing
complaints against the rocket maker.
The board in case filings has said the claims lack merit and
NLRB General Counsel Jennifer Abruzzo last month argued that the
companies bringing the challenges are attempting to distract
from their violations of workers' rights to organize and
advocate for better working conditions.
Starbucks ( SBUX ) is facing dozens of complaints accusing it of
illegal conduct amid the union campaign, including that it fired
union supporters, threatened and interrogated workers and
shuttered stores to thwart organizing.
Starbucks ( SBUX ) has generally denied wrongdoing and said it
respects workers' labor rights, and has argued that some workers
were properly fired for violating company policies and not for
union activity.
Workers United and Starbucks ( SBUX ) last month began negotiations
on what they called a "foundational framework" to guide union
organizing and collective bargaining at unionized stores across
the country, which could include settling many of the
outstanding NLRB cases.
In Friday's ruling, Carter found that Starbucks ( SBUX ) had
committed four violations of the NLRA in the time leading up to
a 2022 union election at the New Orleans store. That included
firing a pro-union barista who participated in a strike and
barring workers from posting union flyers on a communication
board, the judge said.
The case is Starbucks Corp ( SBUX ) and Workers United, National
Labor Relations Board, No. 15-CA-296254.
For Starbucks ( SBUX ): Emma Chase-Swartz and Charles Powell of
Littler Mendelson
For the NLRB General Counsel: Aisleyne Calianos, Andrew
Miragliotta, and Veronica Rompelman
For the union: Sarai King Oza of Deats Durst & Owen
Read more:
Amazon joins companies arguing US labor board is
unconstitutional
NLRB's Abruzzo hits back at 'low-road' companies challenging
agency's structure
Starbucks ( SBUX ) agrees to US union organizing 'framework'
SpaceX wins temporary block on NLRB case over fired
engineers
US Supreme Court leans toward Starbucks ( SBUX ) in the case of
pro-union workers
(Reporting by Daniel Wiessner in Albany, New York)