Anita Alem is a student at Harvard Law School.
This post is an ongoing OnLabor feature that will update readers on Senator Bernie Sanders’s effort to subpoena Starbucks CEO Howard Schultz about union-busting.
March 7 update
After facing the threat of subpoena by the Senate Health, Education, labor, and Pensions Committee, Starbucks Interim CEO Howard Schultz has agreed to testify at a hearing on March 29.
As I reported earlier this week, Chairman Bernie Sanders had been pressuring Schultz to testify over the past several weeks, and the HELP Committee had planned to vote on whether to subpoena Schultz on Wednesday, March 8. The meeting has since been cancelled.
In its press release on March 2, Starbucks expressed it was “shocked and deeply concerned” by the subpoena vote. However, in today’s press release, entitled “Working with the Senate HELP Committee,” Starbucks appears to have taken on a more cooperative tone. In a letter to Sanders and Senator William Cassidy, acting Executive Vice President and General Counsel Zabrina Jenkins wrote:
“After constructive discussions with Committee staff, we have agreed that interim chief executive officer Howard Schultz will testify on behalf of Starbucks before the U.S. Senate Committee on Health, Education, Labor and Pensions on March 29, 2023, at 10 a.m. ET.
We look forward to continuing to work with the Committee to foster productive dialogue.”
The Committee is likely to ask Schultz about Starbucks’ anti-union labor practices, including what an NLRB Administrative Law Judge described as “egregious and widespread misconduct.”
March 6 update
The Senate Health, Education, labor, and Pensions Committee will hold a vote on whether to subpoena Starbucks Interim CEO Howard Schultz this Wednesday, March 8.
The Committee, chaired by Senator Bernie Sanders, has had an increasingly contentious relationship with Schultz, who has taken a vehemently anti-union stance against the campaign that has resulted in 200+ unionized Starbucks locations since 2021. Throughout the campaign, Starbucks has fired more than 100 union leaders and committed hundreds more unfair labor practices. As Professor Sachs has written, last week, an NLRB ALJ ordered Schultz to record and distribute a “notice reading” — a significant and potentially meaningful remedy for workers.
According to Starbucks’ press release, as of February 7, 2023, Sanders wrote to Starbucks to request that Schultz appear before the HELP Committee on March 9. One week later, Starbucks responded and stated Schultz will not testify before the committee since he is merely an interim CEO, and suggested that AJ Jones II is available to appear on March 9 instead.
Last Wednesday, March 1, Sanders announced that on March 8, the HELP Committee will vote on whether to subpoena Schultz. The Committee will also consider whether to authorize for investigation into labor law violations by other major corporations. The meeting and vote will be livestreamed and “will feature AFL-CIO President Liz Shuler, SEIU President Mary Kay Henry, and Teamsters President Sean O’Brien.”
In response, Starbucks wrote to Sanders on March 2 expressing it is “deeply concerned” by this “extraordinary step” and noted that Jones met with Sanders’ staff on February 17, and remains available to meet with HELP. Sanders responded that “Mr. Schultz has made it clear that he is the driving force of labor policy at Starbucks” and reiterated that HELP will be voting on March 8 on whether to compel Schultz to testify.
Daily News & Commentary
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December 22
Worker-friendly legislation enacted in New York; UW Professor wins free speech case; Trucking company ordered to pay $23 million to Teamsters.
December 21
Argentine unions march against labor law reform; WNBA players vote to authorize a strike; and the NLRB prepares to clear its backlog.
December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.