financetom
Business
financetom
/
Business
/
NLRB judge says courts must decide Starbucks' challenge to agency's structure
News World Market Environment Technology Personal Finance Politics Retail Business Economy Cryptocurrency Forex Stocks Market Commodities
NLRB judge says courts must decide Starbucks' challenge to agency's structure
May 13, 2024 3:04 PM

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)

Comments
Welcome to financetom comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
Related Articles >
JPMorgan names heads for healthcare, tech investment banking
JPMorgan names heads for healthcare, tech investment banking
Sep 20, 2024
Sept 19 (Reuters) - JPMorgan Chase ( JPM ) announced on Thursday leadership changes in a push to strengthen its healthcare and technology investment banking, according to an internal memo seen by Reuters. Ben Carpenter and Jeremy Meilman would be the global co-heads of healthcare investment banking, while Chris Grose and Greg Mendelson have been named global co-heads of the...
Macy's to hire more than 31,500 employees for holiday season
Macy's to hire more than 31,500 employees for holiday season
Sep 20, 2024
Sept 19 (Reuters) - Macy's said on Thursday it will hire more than 31,500 full and part-time employees for the upcoming holiday season - fewer than last year - as the U.S. department store gears up for a busy shopping period. U.S. retailers are expected to hire fewer workers this holiday season than in 2023 due to a softer labor...
Market Chatter: Apollo Gets $5 Billion Commitment From BNP to Expand Private Credit Business
Market Chatter: Apollo Gets $5 Billion Commitment From BNP to Expand Private Credit Business
Sep 20, 2024
08:22 AM EDT, 09/20/2024 (MT Newswires) -- Apollo Global Management ( APO ) has secured a $5 billion commitment from BNP Paribas to deepen its reach into private credit, Bloomberg reported Friday. BNP is providing funding for investment-grade, asset-backed deals originated by Apollo, as well as Apollo's Atlas SP arm acquired from Credit Suisse -- seen as central to Apollo's...
Canacol Energy Revises 2024 Capital Program
Canacol Energy Revises 2024 Capital Program
Sep 20, 2024
08:20 AM EDT, 09/20/2024 (MT Newswires) -- Canacol Energy ( CNNEF ) on Friday said it has revised its capital program to now drill a total of 11 wells in 2024, with an estimated capital spend of $138 million. The 11-well program includes five exploration wells, and six development/appraisal wells. The original 2024 capital budget, announced last February, had included...
Copyright 2023-2026 - www.financetom.com All Rights Reserved