NLRB Region 3-Buffalo Files in Federal Court Seeking Nationwide Cease & Desist Order Against Starbucks - Also Seeks Reinstatement for Seven Workers & A Bargaining Order
(BUFFALO, NEW YORK) – The National Labor Relations Board (NLRB) Region 3-Buffalo Regional Director Linda M. Leslie has petitioned in United States District Court for injunctive relief for seven former Starbucks Employees in Buffalo who were unlawfully fired for exercising their right to form a Union.
Section 10(j) of the National Labor Relations Act (NLRA) authorizes the NLRB to seek injunctions against employers and Unions in Federal District Courts to stop Unfair Labor Practices (ULPs) where, due to the passage of time, the normal Board processes are likely to be inadequate to effectively remedy the alleged violations.
The petition explains that, after learning about the organizing effort, Starbucks immediately set its vigorous Anti-Union Campaign in motion, employing an expansive array of illegal tactics such as raising wages, promising benefits, bringing in a cadre of managers to monitor Employees and discourage Union activity, closing stores with active Organizing Drives, and threatening Employees - culminating in the discharge of seven Union Activists at five different stores over the course of six weeks.
As such, the NLRB Regional Director seeks an interim Gissel Bargaining Order for Hamburg’s Camp Road Employees because traditional Board remedies will be unable to restore “laboratory conditions” to enable the NLRB to conduct a free and fair re-run election.
The Director is also seeking a broad nationwide Cease-and-Desist Order that would be applicable to all the Employer’s facilities in the United States - along with a national posting of the District Court’s decision and order at all Starbucks facilities to fully notify Employees of their NLRA rights and the protections being afforded by the Court’s order.
“Absent immediate interim relief, Starbucks will achieve its goal, through unlawful means, of irreparably harming the campaign in Buffalo, and sending a clear chilling message to its Employees across the country,” Regional Director Leslie said. “We are asking the Court to swiftly grant the injunction so that the unlawfully discharged Workers can return to work and effectively exercise their right to engage in Union activities, including collectively bargain a Union contract.”
If granted, the injunction would provide interim relief while the case is being litigated.
Regional Director Leslie had issued a consolidated complaint on May 19th (2022) containing over 200 allegations of ULPs by Starbucks.
A hearing on the complaint before an Administrative Law Judge is set for July 11th (2022).
Established in 1935, the NLRB is an independent Federal Agency that protects Employees, employers and Unions from ULPs and protects the right of Private Sector Employees to join together, with or without a Union, to improve wages, benefits and working conditions.
The NLRB conducts hundreds of workplace elections and investigates thousands of ULP charges each year.
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