On April 23, Williams & Connolly partner Lisa Blatt argued Starbucks Corp. v. McKinney, her 50th argument before the Supreme Court, and on June 13, 2024, the Court ruled in Starbucks’ favor, holding that when considering the National Labor Relations Board’s request for a preliminary injunction under Section 10(j) of the National Labor Relations Act, district courts must apply the traditional four factors articulated in Winter v. Natural Resources Defense Council, Inc. The Williams & Connolly team representing Starbucks also included partner Sarah Harris, associates Tyler Becker, Noah McCullough, and Joshua Hanley, and alum Edward Pickup. Click here to read more: https://lnkd.in/emS8V8rf
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Love your Starbucks coffee? Ever wondered about the efforts behind the counter? ☕ In a remarkable twist, more than 8,000 Starbucks employees nationwide have voted to unionize in over 360 locations. But what's the story behind this bold movement, and how does the National Labor Relations Board fit into the picture? Learn how the journey unfolded, the significance of this labor movement, and what it means for Starbucks employees and labor rights in our latest blog written by Dan Braverman a/k/a Braverman, PLLC, Employment Partner, and Jari Wilson, Associate Attorney linked in the comments 👇 #StarbucksUnion #LaborRights #EmploymentLaw #FairLabor #LawFirm
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🚨Client Alert: In Starbucks v. McKinney, the Supreme Court of the U.S. ruled that the National Labor Relations Board must meet a stricter standard when seeking injunctions to stop employers from unfair labor practices. Read more in this alert from Daniel Johns and Kelly Kindig (link in comments). #starbucks #NLRB #laborunions #laborlawyer #scotus #supremecourt #legalnews
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🙄 to this insulting, pandering nonsense. Narasimhan knows what workers want; unionized Starbucks employees have made that abundantly clear. Narasimhan's "Undercover Bossing" is nothing more than meaningless corporate posturing for shareholders who became less confident in leadership's ability to manage labor issues. It's equivalent to the politician who shows up at the soup kitchen on Thanksgiving Day long enough to snap a few photographs and then leaves. This feeble attempt to satiate investors' concerns without, you know, having to actually give workers the share of the wealth their labor creates that is rightfully theirs is beyond transparent. Better packaging and more supplies don't pay workers' bills. Starbucks can fix its labor issues right now by relenting on its corporate greed.
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On June 13 in the case of Starbucks Vs. McKinney, the Supreme Court ruling may make CEOs more inclined to defend company policies in court, rather than settle claims of labor law violations. ➡ HR professionals might have fewer emergency legal battles but is also mean you need to be vigilant in ensuring disciplinary actions are well-documented (in this case it involved unauthorized access to company property). ➡ C-suite actions need to ensure policy enforcement in consistent and does not appear to target union activities. Here is the SHRM article: https://lnkd.in/gkmBAWMy
Starbucks’ Supreme Court Victory Is Win for CEOs Over Unions
shrm.org
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Parner @ Pierson Ferdinand | Labor and Employment Attorney | Data Privacy/AI/Cyber Security Counsel | Outside/Fractional General Counsel | Connector of Amazing People | Writer | Public Speaker | Wanna be Chef
SCOTUS issued its opinion in Starbucks v. McKinney (included below). In it, the Court mandates the strict application of a four-factor test when the NLRB seeks a 10(j) injunction to halt alleged of unfair labor practices. Some Background Ask anyone, the Board’s administrative process is terribly and frustratingly LONG. Because of this, Congress allows the Board, under certain circumstances, to seek preliminary injunctions during the pendency of its cases. Those "circumstances" are at the heart of this case. The Test In assessing whether a preliminary injunction is appropriate, most courts employ a four-factor test requiring the plaintiff to show (1) that he is likely to succeed on the merits, (2) that he is likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in his favor, and (4) and that an injunction is in the public interest. In this case, the Sixth Circuit employed a two-factor test, which was at issue in this case. Starbucks sought to have the four-factor test used, while the Board sought to have the Sixth Circuit's test affirmed. The Court's Decision Recognizing an injunction as an extraordinary remedy, the Court opined the four-factor test was the correct test when analyzing the appropriateness of a 10(j) injunction. Another Installment in a Series of Labor Cases Where SCOTUS Fails to Heed Congressional Intent??? Justice Jackson, the sole dissenter, agreed with the majority regarding utilizing the four-factor test. However, after a thorough discussion of the salient legislative history, Justice Jackson opined courts should give the Board deference on the likelihood of success prong, and by failing to do so, the High Court has enlarged judicial power in a space "where Congress has so plainly limited the discretion of the courts, and where it so clearly intends for the expert agency it has created to make primary determinations about both merits and process." In sum, his decision provides a clear direction to lower courts who had deviated from the four-factor test. This bright-line rule provides uniformity to the legal query and will hopefully quell the Board from seeking 10(j) relief in situations that truly do not merit an injunction, which continues to remain a rare and extreme remedy.
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YODA RETAIL | RETHINK Retail Top Expert 2024 | Leadership Development | Merchant | Transformation & Change Coach | Retail Pioneer - Mad Man Era to Today |
Retail Today / Retail Renaissance: Is the Retail Industry a personal burden or personal opportunity? “Help Wanted” Adelle Waldman’s new novel on retail workers. #retailindustry #burden #opportunity “Help Wanted” rips the Band-Aid off retail work. It’s a story of exploitative labor practices and workers mired in low-wage economic misery. #labor #economicconditions #lowwages I contrast this to Ron Thurston book “Retail Pride”: The Guide to Celebrating Your Accidental Career. The retail journey of millions of retail associates. A positive experience built around teamwork, collaboration, accomplishments and opportunities. #associates #teamwork #collaboration #accomplishment #opportunities Ron Thurston I have also attached an article on Walmart Academy, Walmart’s commitment through leadership training, instilling #confidence #empathy #compassion and #encouragement. #walmart #leadership #coaching #training #mentoring I think of my own personal retail journey, now approaching 60 years in a industry that has provide tremendous opportunity. Starting as a 12 year old pop bottle boy at Sam’s Mini/Max convienance store. The journey of “Stockroom to Boardroom”. #stockroomtoboardroom #retail #retailindustry #retailindustry #retailstrategy #retailexperience #TopRetailExperts
The Workplace Novel Comes to the Big Box Store — The New Republic
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Master of Workplace Schadenfreude | Employment/Labor Lawyer | Craft Beer Lawyer | Shareholder @ Wickens Herzer Panza
It’s been nearly two years since the first group of Starbucks employees organized their first store. Since then, more than 360 stores have filed suit, similarly organizing a labor union among their employees. Do you want to take a guess at how many of those 360-plus stores have reached a first contract with their unionized employees? It’s ZERO. Not a single collective bargaining agreement anywhere. These employees are learning a very difficult lesson — organizing a labor union at your workplace is the easy part; bargaining and reaching a first collective bargaining agreement, however, is very, very difficult. There have been seven union petitions filed at various Starbucks locations across Northeast Ohio. Starbucks Workers United is a perfect seven for seven in those elections, and a perfect zero for seven in negotiating a collective bargaining agreement. This month’s issue of Cleveland Magazine shares the story of the baristas working at a few of those stores. It’s a fascinating read worth your time. https://lnkd.in/gwnHPNtW
The Grind: Inside Starbucks Workers’ Union Push in Northeast Ohio
clevelandmagazine.com
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Per the suit, that meant only 8% of recalled employees fell in the latter group, even though approximately 51% of Hooters Girls at the Greensboro restaurant prior to the layoffs were Black or had a dark skin tone. https://lnkd.in/gc78Ud4P #CognitiveDiversity #DisruptHR #HR #Personability #Strengths #Recognition #Reputation #Learning #EmployeeExperience #Synchronize #PulseSurvey #Synctrics #FutureOfWork #PeopleAnalytics #Leadership
EEOC sues Hooters, says North Carolina restaurant didn’t rehire Black employees
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It’s a controversial decision. But we finally have an answer. The Supreme Court has sided with Starbucks in a battle with the National Labor Relations Board. The case involved Starbucks workers in Tennessee who were fired after trying to unionize their store. So what does this mean for you? The Supreme Court’s ruling is a step towards leveling the playing field, offering a clearer framework for businesses and employees alike. If you’re an employer or HR professional, here’s how we recommend navigating this new workplace landscape: ⚬ Regularly review workplace policies to ensure they’re in line with labor laws. ⚬ Enhance documentation practices for disciplinary actions to demonstrate they’re non-discriminatory. ⚬ Implement training sessions on labor rights for both management and staff. ⚬ Consult with legal experts to understand how this ruling impacts future NLRB litigation. MOST IMPORTANTLY: ⚬ Create a workplace culture that prioritizes employee concerns, open communication, and trust. https://shrm.co/9qnfwr #SHRM #HR #HumanResources #Starbucks #Union
Starbucks’ Supreme Court Victory Is Win for CEOs Over Unions
shrm.org
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Corporate boards, be warned! The Strategic Organizing Center is going beyond shareholder proposals and putting forth a list of nominations for Starbucks Board of Directors, thanks in part to a recent rule change at the SEC. This could set precedent for a powerful new #ShareholderEngagement tool. 📊💪 https://loom.ly/dPACDTY
How unions are fighting a boardroom battle at Starbucks
ft.com
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