
Greg Volynsky is a student at Harvard Law School.
In today’s News & Commentary, NLRB General Counsel aims to limit employers’ ability to hire temporary replacements during some lockouts, forty-four corporate Starbucks employees sign open letter urging neutrality towards unionization efforts, and Senator Sanders plans vote to subpoena Starbucks CEO.
NLRB General Counsel Abruzzo aims to curtail employers’ ability to hire temporary replacements during offensive lockouts, Bloomberg reports. In 1965, the Supreme Court in NLRB v. Brown recognized employers’ right to use temporary replacement workers following a strike against one member of a multiemployer association. In Harter Equipment (1986), the NLRB extended this right to lockouts without a strike or threatened strike (so-called offensive lockouts). The Harter Board made two key inferences: first, that the use of temporary employees during a lockout is reasonably related to achieving bargaining objectives, and therefore is a legitimate economic weapon. Second, that temporary replacements have a “comparatively slight” effect on employee rights. The current NLRB appears poised, when opportunity arises, to find otherwise.
On Wednesday, as reported by Michelle and explained by Ben, an NLRB Administrative Law Judge ruled against Starbucks. On Wednesday morning, Starbucks Workers United released an open letter signed by corporate employees and managers, expressing disappointment with the company’s in-person work mandates and anti-union efforts. The employees condemned Starbucks for “tampering with the federal right of store partners to have fair elections, free from fear, coercion, and intimidation,” and urged Starbucks to commit to being neutral towards unionization efforts. The short letter was signed by forty-four employees. A year ago, Bloomberg reported that the anti-union campaign had led to corporate employees losing faith in the company. The fact that employees signed the letter raises the possibility of corporate employees unionizing.
Senator Bernie Sanders announced—also on Wednesday—that the Senate Health, Education, Labor and Pensions (HELP) Committee will vote on March 8th on issuing a subpoena to Starbucks CEO Howard Schultz. Senator Sanders condemned the company’s violation of labor law, and claimed that Schultz has been evading oversight attempts for close to a year. On Thursday, in a letter to the top Democrat (Sen. Sanders) and Republican (Sen. Cassidy) on the HELP Committee, Starbucks responded that they are “shocked and deeply concerned” that the Committee rejected the company’s offer for the Executive VP to testify on the company’s behalf instead of Schultz. The letter argued that “Schultz is not the right witness for the hearing,” because he is an interim CEO, plans to step down this month, and delegated decision-making on union issues. Senator Sanders responded that he is also “shocked and deeply concerned” by the CEO’s continued defiance of oversight efforts.
Amid these developments, Starbucks tapped Shelly Ranus, formerly an assistant general counsel for brand protection, to serve as the acting chief ethics and compliance officer. Tyson Avery served in the role for three years before departing last month.
Daily News & Commentary
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August 1
The Michigan Supreme Court grants heightened judicial scrutiny over employment contracts that shorten the limitations period for filing civil rights claims; the California Labor Commission gains new enforcement power over tip theft; and a new Florida law further empowers employers issuing noncompete agreements.
July 31
EEOC sued over trans rights enforcement; railroad union opposes railroad merger; suits against NLRB slow down.
July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]