June 13 (Reuters) - The U.S. Supreme Court sided on
Thursday with Starbucks ( SBUX ) in the coffee chain's challenge
to a judicial order to rehire seven Memphis employees fired as
they sought to unionize in a ruling that could make it harder
for courts to quickly halt labor practices contested as unfair
under federal law.
The justices threw out a lower court's approval of an
injunction sought by the U.S. National Labor Relations Board
(NLRB) ordering Starbucks ( SBUX ) to reinstate the workers while the
agency's in-house administrative case against the Seattle-based
company proceeds.
Starbucks ( SBUX ) had argued that the judge in the Memphis case
should have used a stringent four-factor test to weigh the bid
for an injunction, similar to the standard used by some other
courts and in non-labor legal disputes. This test includes an
assessment of whether the side seeking relief would suffer
irreparable harm and is likely to succeed on the merits of the
case.
Starbucks ( SBUX ) contended that under a stricter standard, the case
would have come out differently in the lower courts.
President Joe Biden's administration had defended the NLRB's
actions in the case. During Supreme Court arguments in the case
in April, a Justice Department lawyer said the NLRB seeks
injunctions like the one issued against Starbucks ( SBUX ) in very few
"cream of the crop" cases, last year requesting just seven even
though it receives 20,000 unfair labor charges annually.
About 400 Starbucks ( SBUX ) locations in the United States have
unionized, involving more than 10,000 employees. Both sides at
times have accused the other of unlawful or improper conduct.
Hundreds of complaints have been filed with the NLRB
accusing Starbucks ( SBUX ) of unlawful labor practices such as firing
union supporters, spying on workers and closing stores during
labor campaigns. Starbucks ( SBUX ) has denied wrongdoing and said it
respects the right of workers to choose whether to unionize.
Both sides in February announced they had agreed to create a
"framework" to guide organizing and collective bargaining and
potentially settle scores of pending legal disputes.
In 2022, workers at a Starbucks ( SBUX ) cafe on Poplar Avenue in
Memphis became among the first in the company to unionize. Early
in their efforts, they allowed a television news crew into the
cafe after hours to talk about the union campaign. Starbucks ( SBUX )
fired seven workers present that evening, including several who
belonged to the union organizing committee.
Despite the dismissals, employees there subsequently voted
to join the Workers United union.
The union filed unfair labor charges with the NLRB over the
firings and other discipline by managers. The NLRB sought an
injunction, accusing Starbucks ( SBUX ) of unlawfully firing the workers
for supporting the union drive and to send a message to other
workers.
U.S. District Judge Sheryl Lipman granted the injunction in
2022, reinstating the workers in order to address the "chilling
effect" of the dismissals on the unionization effort while the
NLRB resolves the case. The Cincinnati, Ohio-based 6th U.S.
Circuit Court of Appeals upheld the injunction in 2023.
The 6th Circuit rejected the company's argument that Lipman
should have used a four-factor test before granting the
injunction. That led Starbucks ( SBUX ) to appeal to the Supreme Court.