US Appeals Court Narrows NLRB Union-Busting Case Against Starbucks
A US federal appeals court has narrowed the scope of a case brought by the National Labor Relations Board (NLRB) against Starbucks, refusing to enforce most of the board's findings that the company threatened employees over unionization efforts and created the impression it was surveilling union activities.
The 5th US Circuit Court of Appeals issued its 2-0 decision, dismissing several of the board's claims related to a company branch in Wichita, Kansas.
Court Upholds a Single Violation
Conversely, the court upheld the board's decision regarding a single incident involving a pregnant employee. The court stated that a store manager's remarks reasonably led the employee to believe her union activity could result in the loss of certain job benefits, including maternity leave.
Judge Stephen Higginson concluded that the manager failed to provide the necessary context to clarify that any potential changes in benefits would be the result of the collective bargaining process. Consequently, he determined that her statements could be construed as a threat of retaliation.