Starbucks employee was fired illegally, labor board judge rules

The coffee giant will be required to reinstate Hannah Whitbeck’s job and to hold a meeting reasserting that the company broke the law

Starbucks illegally fired an employee at one of the coffee giant’s shops in Ann Arbor, Michigan, for engaging in union activism, a National Labor Relations Board judge ruled on Friday.

The decision requires Starbucks to offer the worker reinstatement with back pay and to hold a meeting with employees, management, government representatives and the union to clarify workers’ rights and reassert the board’s finding that the company broke the law.

“I would hope that they learn their lesson, that firing people because they want to start a union is not going to solve their problems,” the fired employee, Hannah Whitbeck, told Bloomberg in an interview. “In fact, it’s only going to make it worse.”

The ruling comes amid a series of disputes between the coffee chain and Workers United, a labor group organizing for unionization at Starbucks stores across the country. Starbucks has said that claims of anti-union activity by the company are “categorically false” and has denied wrongdoing in Whitbeck’s case.

In Friday’s ruling, according to Bloomberg, the NLRB judge wrote that the board’s general counsel had demonstrated that Starbucks “acted with animus” when it fired the employee, who had participated in efforts to unionize the store in question. Starbucks has not indicated if it plans to appeal.

The union representing employees, Starbucks Workers United, has accused the company of firing more than 80 employees because of their activism. The Starbucks union has racked up 220 election wins out of roughly 9,000 corporate-owned US stores in the past year.

Starbucks store employees – or “partners” – who are supportive of the unionization drive have said they are underpaid, undertrained and poorly treated. Those claims have been largely rejected by the company.

“From the beginning, we’ve been clear in our belief that we do not want a union between us and partners, and that conviction has not changed,” Starbucks’ executive vice-president Rossann Williams said in a statement last year. “Our hope is that union representatives also come to the table with mutual good faith, respect and positive intent.”

Separately, the NLRB said last week that union representation petitions increased 53% in fiscal year 2022 when compared with 2021 – the highest number since 2016.

The board said that employees are turning to established and independent unions in an effort to address a range of workplace issues, including wages, benefits and concerns relating to pandemic health and safety.

“Given the spike in case intake we are seeing in the field, we can expect even more cases to come before the board in fiscal year 2023,” the NLRB chairperson, Lauren McFerran, said in a statement.

The NLRB said that 2,510 union petitions were filed in the fiscal year to September, up from 1,638 over the same period a year earlier. Unfair labor practice charges filed with NLRB field offices increased 19%, the agency added.

Although unionization efforts at Starbucks and Amazon have received the most public attention, a number of worker drives from other, sometimes unexpected, quarters have joined them.

In a memo on Thursday, the NRLB said that 30 dancers at a topless bar in Hollywood, California, would vote next month on whether to join the Actors Equity Association, a union that represents 51,000 professional actors and stage managers.

Dancers at the Star Garden Topless Dive Bar have picketed for months for better workplace conditions including higher wages, access to benefits, better security and safer stages.

If a majority of the dancers vote to unionize, they will become the only organized group of strippers in the United States. Previously, strippers at San Francisco’s Lusty Lady organized under the Exotic Dancers Union in 1996. The Lusty Lady closed in 2013.

Contributor

Edward Helmore

The GuardianTramp

Related Content

Article image
Starbucks says it will close 16 US stores out of concern for employee safety
Executives say the coffee giant’s stores were not immune to problems related to mental health and drug use

Coral Murphy Marcos

13, Jul, 2022 @5:42 PM

Article image
‘They don’t care about us’: US Starbucks workers allege they were fired for union activity
Nine Colorado employees claim their dismissals came after an organizing campaign in response to safety concerns and pay problems

Michael Sainato

09, Jul, 2022 @9:00 AM

Article image
Massachusetts Starbucks workers push to unionize after New York win
Boston workers at two stores were inspired by Buffalo workers who succeeded in unionizing in at least one branch

Michael Sainato

16, Dec, 2021 @6:00 AM

Article image
Starbucks launches aggressive anti-union effort as upstate New York stores organize
Management urges baristas to reject the union at mandatory ‘listening’ sessions, shuts stores holding drives

Michael Sainato

23, Nov, 2021 @10:00 AM

Article image
Starbucks workers in New York are organizing to form first US union
The company has vigorously opposed unions in the past and says its ‘partners’ in Buffalo don’t need one now

Michael Sainato

28, Aug, 2021 @7:00 AM

Article image
Starbucks fires workers involved in union push as US movement gains momentum
Coffee chain fires seven workers in Tennessee but denies that the reasoning was tied to union efforts

Nina Lakhani

09, Feb, 2022 @2:58 PM

Article image
‘This is a national movement’: union drives surge at US Starbucks stores
More than 70 stores in at least 20 states have now filed for union elections since the December wins in Buffalo, New York

Michael Sainato

11, Feb, 2022 @8:00 AM

Article image
Workers at over 100 US Starbucks stores strike on ‘Red Cup Day’
Strike was launched to protest against Starbucks’ failure to bargain with unionized stores and failure to adequately staff stores

Michael Sainato

17, Nov, 2022 @9:44 PM

Article image
Revealed: Starbucks fired over 20 US union leaders in recent months
Workers at the coffee chain have filed petitions for union elections at more than 250 stores, but chief Howard Schultz publicly opposes the movement

Michael Sainato

19, May, 2022 @2:53 PM

Article image
Starbucks workers hold strikes in at least 17 states amid union drive
Workers allege over 75 people have been fired in retaliation for organizing this year

Michael Sainato

11, Aug, 2022 @9:00 AM