
Travis Lavenski is a student at Harvard Law School.
Happy Valentine’s Day OnLabor readers! In today’s news & commentary, the Labor Board finds Starbucks illegally threatened and punished two Philadelphia workers; workers at a California Medieval Times location go on strike over unfair labor practices; and Tesla workers in Buffalo signal their intent to organize.
The NLRB has ruled Starbucks violated federal labor laws at two Philadelphia stores in an attempt to undermine organizing drives at those stores. Among the unlawful activities engaged in by Starbucks included terminating two union supporting workers, reducing union supporters’ work hours, and prohibiting concerted complaints about store conditions. Notably, the NLRB ruling provides for relief beyond the traditional reinstatement and backpay remedy, requiring the company to pay for “direct or foreseeable pecuniary harms incurred as a result of the unlawful adverse actions against them, including reasonable search-for-work and interim employment expenses.” The decision is in accordance with a recent ruling, Thryv Inc., 372 NLRB No. 22 (2022), which provided that the make-whole remedy is incomplete without providing relief for the significant costs that occur due to termination, including credit card debt and medical expenses.
Workers at a Medieval Times restaurant location in Buena Park, California walked off the job on Saturday in protest of the company shutting down the union’s social media. The account was banned after the company sued the union for copyright infringement for using their trademarked logo. “They’ve been censoring us, they’ve been censoring our supporters on social media,” said striking employee Kate Farrell. “They’re just trying to silence us because they know they’re not treating us fairly.” Workers at the location also report unsustainable understaffing levels and discriminatory pay increases at nonunion stores. Lead organizer Erin Zapic told reporters that the workers will be out on strike “basically every day for the foreseeable future until we can make some kind of meaningful progress with the company.” In the meantime, the company is temporarily using workers from other Medieval Times locations to fill in for the striking workers’ shifts. The workers, who voted to join the American Guild of Variety Artists union last November, have yet to secure a contract. The union has created a GoFundMe page to support striking workers, accessible here.
Tesla workers in Buffalo, New York have reportedly notified Telsa CEO Elon Musk that they intend to organize. The workers indicated their desire to achieve better pay, job security, and reduced production pressures. The union, if formed, would become the first union to represent Tesla employees. The car company has been charged with union-busting in its response to past union drives.
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March 31
Starbucks faces shareholder pressure for an independent review of worker rights; McDonald's workers appeal lawsuit over no-poach agreements; NYT employees take to twitter over stalled collective bargaining agreement; Seattle becomes the first American city to establish permanent paid sick and safe time benefits for gig workers; and Major League Baseball reaches a tentative collective bargaining agreement with minor league players.
March 30
Howard Schultz denied violating labor law, Florida’s anti-union bill passes the Senate, and screenwriters and journalists call for fair wages.
March 29
Former Starbucks CEO testifies today before a Sanders-led Senate committee, and Kansas City Apple store organizers file charges with the NLRB.
March 28
New data from the Bureau of Labor Statistics, and Chipotle settles NLRB suit.
March 27
Striking Los Angeles school workers have reached a tentative deal with the Los Angeles Unified School District, law professors have filed an amicus brief to contest the use of arbitration in former Miami Dolphins coach Brian Flores’s employment discrimination lawsuit against the NFL, and the Senate HELP Committee gears up for Wednesday’s Howard Schultz testimony.
March 26
Shawn Fain wins runoff election for UAW president; Michigan Gov. Whitmer signs repeal of right-to-work