Julia Deng is a student at Harvard Law School.
In today’s News & Commentary, Starbucks continues to spar with the NLRB over mail-in election processes, Starbucks closes another unionized store, a rail union ratifies the national tentative agreement, a pro-union San Diego ballot measure is attacked over unions’ lack of diversity, Clark University graduate student workers ratify their contract, and more.
Starbucks-related labor disputes continue. Yesterday, the NLRB’s Office of the Inspector General announced an investigation into the Board’s mail ballot election procedures in response to Starbucks’ allegations of impropriety. The audit began at 8:30am today and is scheduled to be completed in early 2023. Its objectives include evaluating compliance with procedure, finding external impediments, evaluating efficiency, and determining effectiveness. Starbucks has long claimed that NLRB personnel coordinated with Starbucks Workers United to help them arrange for in-person voting during mail-in elections, and to identify and target staff who hadn’t yet cast a ballot.
Also yesterday, Starbucks announced that it was shutting down a location in the Edgewater neighborhood of Chicago, just days before negotiations on a contract were set to begin. “That is 110% union busting,” said employee and union supporter Carlos Toral. “This store closure (is) affecting all of our (lives), my life, my bills, my day-to-day.” In response, workers and their allies asked members of the community to come in and order drinks under the name “union strong.” Starbucks Workers United said that it will amend an existing unfair labor practice charge over store closures to include the Edgewater location.
A sixth rail union has voted in favor of accepting the tentative agreement between the railway industry and labor that averted a major shutdown in September. Workers represented by the National Conference of Firefights and Oilers have voted to accept the labor agreement by a vote of 58.7%, although many members also reportedly expressed disappointment with the terms. As Travis reported on the 11th, so far the only union to reject the deal is The Brotherhood of Maintenance of Way Employees Division (BMWED), the third largest rail union in the United States. Five additional unions still have yet to decide.
Construction unions and their opponents in San Diego are sparring over Measure D, a ballot measure that would overturn the city’s ban on union-friendly project labor agreements. Opponents of Measure D have claimed that the measure will not do enough to change construction unions’ “abysmal” lack of diversity, with Black people occupying just 3.33% of labor union apprenticeship slots and women occupying 1.32%. Some blame a culture of nepotism, insularity, and word-of-mouth recruitment for the unions’ ongoing exclusivity. Labor officials have responded that Measure D would actually increase racial inclusiveness in the construction industry because non-union construction apprenticeships go to people of color at an even lower rate. While Measure D cannot include explicit racial preferences without violating California Proposition 209, unions have instead reserved apprenticeships for people living in low-income zip codes, single-parent households and other groups. Measure D is on the ballot on November 8th, and can pass with a simple majority.
Clark University graduate student workers have voted unanimously to ratify a contract, which includes wage increases of up to 90% and increased subsidies for health insurance. They reached an agreement with the university after five days of striking and picketing in early October. “The Teamsters brought a commitment to rank & file militancy to our campaign,” said the committee of workers on Twitter. “We are Teamster strong, and Worcester is a union town!”
Today from 11:45am to 12:15pm, Amazon workers at the Channahon, Illinois fulfillment center are walking off the job. As Anita reported yesterday, Amazon workers across the country — including in nearby Joliet — have been walking off the job to disrupt Amazon’s Prime Week shopping sales push.
The Medieval Times, a dinner theater chain, filed a trademark infringement suit in federal court against its employees’ union. The company argues that the potential customers assume that the Medieval Times Performers United is “officially affiliated with Medieval Times” and that its logo infringes on the company’s branding and “middle ages-themed décor.” The Hill notes that “[u]nions that make use of their company’s name are fairly common, such as Starbucks Workers United.”
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.