BUFFALO, N.Y. — A National Labor Relations Board Administrative Law Judge has issued a decision finding Starbucks violated federal labor law here in Western New York.
The case has to do with the efforts of workers to unionize. The judge decided Starbucks illegally disciplined and fired several workers after they started organizing union campaigns at stores across Western New York.
In a 59-page decision, National Labor Relations Board Administrative Law Judge Robert Ringler found several instances where Starbucks violated federal labor law.
But it was a mixed bag. There are also examples where the company did not violate the law according to the judge, such as when it disciplined someone for wearing a suicide awareness pin that didn't follow the dress code.
The document is filled with examples of workplace drama, including an argument between employees and someone written up for swearing.
One example centers around a shift supervisor who got a final written warning after leaving money in a locked register during a strike. The keys were in a safe, and the store was locked during the strike.
The judge said, "Given that Conklin protected Starbucks from all but a 'Mission Impossible' style break-in, her actions were defensible."
That employee was later fired for being late and argued other people not involved in the union were also late a lot and were not fired. The judge says Starbucks violated the law by firing her.
In the end, the judge found Starbucks illegally fired 10 union-involved employees and needs to reinstate them, and give them back pay and other damages.
None of the workers were available for interviews Wednesday afternoon. A spokesperson representing them told 2 On Your Side many of them have new jobs and were at work.
2 On Your Side also reached out to Starbucks early Wednesday afternoon requesting an interview. The company did not have anyone available.
But a Starbucks spokesperson told 2 On Your Side in a statement:
"As noted in a recent independent, third-party assessment, disciplinary actions have been issued at a similar rate in both union and non-union stores. Additionally, the assessment was clear that there is no evidence Starbucks has used an “anti-union playbook,” and the Company has provided consistent reassurances to partners that Starbucks respects their right to collectively organize through fairly conducted elections.
"The process for a full review of the merits of these matters is multi-step, includes several steps of review within the National Labor Relations Board (NLRB) and the federal circuit courts. We are exploring options for further review of the administrative law judge’s recommendations.
"Starbucks remains ready to progress in-person negotiations with the unions certified to represent partners and we are hopeful that Workers United will resume bargaining sessions toward ratified agreements in 2024."