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    Starbucks and Union Agree to Work Out Framework for Contract Talks

    In an initial move, the coffeehouse chain said Workers United members would get improved benefits that other employees received in 2022.Starbucks and the union that represents employees in roughly 400 of its U.S. stores announced Tuesday that they were beginning discussions on a “foundational framework” that would help the company reach labor agreements with unionized workers and resolve litigation between the two sides.The union greeted the development as a major shift in strategy for Starbucks, which has taken steps to resist union organizing at the company since the campaign began in 2021, moves that federal labor regulators have said violated labor law hundreds of times.Starbucks, which has denied the accusations, said in a statement that it hoped to have contracts negotiated and ratified by the end of the year and would agree to a “fair process for organizing” — something the union has demanded for years. It said that, as a gesture of good faith, it was providing unionized workers with benefits it introduced in 2022 but withheld from union stores, like an option for customers to tip via credit card.Representatives of both Starbucks and the union, Workers United, said that while details must be worked out, they hoped to be back at the bargaining table in the coming weeks. Negotiations between the two sides had largely lapsed over the past several months.Workers who have helped lead the organizing said the development had surprised them. “It still feels pretty surreal right now,” said Michelle Eisen, a longtime barista at a Starbucks in Buffalo that was the first company-owned store to unionize during the current campaign. “There has not been a single call I’ve been on today where either I wasn’t crying or everyone else wasn’t crying.”If a framework is agreed to and quickly leads to contracts, experts said, it could be a major development in labor relations in corporate America, where companies like Amazon and Apple have resisted union organizing to varying degrees.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Supreme Court to Hear Starbucks Bid to Overturn Labor Ruling

    The coffee chain has challenged a federal judge’s order to reinstate a group of union activists who were fired at a store in Memphis.The Supreme Court agreed on Friday to hear a case brought by Starbucks challenging a federal judge’s order to reinstate seven employees who were fired at a store in Memphis amid a union campaign there.Starbucks argued that the criteria for such intervention by judges in labor cases, which can also include measures like reopening shuttered stores, vary across regions of the country because federal appeals courts may adhere to different standards.A regional director for the National Labor Relations Board, the company’s opponent in the case, argued that the apparent differences in criteria among appeals courts were semantic rather than substantive, and that a single effective standard was already in place nationwide.The labor board had urged the Supreme Court to stay out of the case, whose outcome could affect union organizing across the country.The agency asks federal judges for temporary relief, like reinstatement of fired workers, because litigating charges of unfair labor practices can take years. The agency argues that retaliation against workers can have a chilling effect on organizing in the meantime, even if the workers ultimately win their case.In a statement on Friday, Starbucks said, “We are pleased the Supreme Court has decided to consider our request to level the playing field for all U.S. employers by ensuring that a single standard is applied as federal district courts.”The labor board declined to comment.The union organizing campaign at Starbucks began in the Buffalo area in 2021 and quickly spread to other states. The union, Workers United, represents workers at more than 370 Starbucks stores, out of roughly 9,600 company-owned stores in the United States.The labor board has issued dozens of complaints against the company based on hundreds of accusations of labor law violations, including threats and retaliation against workers who are seeking to unionize and a failure to bargain in good faith. This week, the agency issued a complaint accusing the company of unilaterally changing work hours and schedules in unionized stores around the country.The company has denied violating labor law and said in a statement that it contested the latest complaint and planned “to defend our lawful business decisions” before a judge.The case that led to the dispute before the Supreme Court involves seven workers who were fired in February 2022 after they let local journalists into a closed store to conduct interviews. Starbucks said the incident violated company rules; the workers and the union said the company did not enforce such rules against workers who were not involved in union organizing.The labor board found merit in the workers’ accusations and issued a complaint two months later. A federal judge granted the labor board’s request for an order reinstating the workers that August, and a federal appeals court upheld the order.“Starbucks is seeking a bailout for its illegal union-busting from Trump’s Supreme Court,” Workers United said in a statement on Friday. “There’s no doubt that Starbucks broke federal law by firing workers in Memphis for joining together in a union.”Starbucks said it was critical for the Supreme Court to wade into the case because the labor board was becoming more ambitious in asking judges to order remedies like reinstatement of fired workers.The labor board noted in its filing with the Supreme Court that it was bringing fewer injunctions overall than in some recent years — only 21 were authorized in 2022, down from more than 35 in 2014 and 2015.A Supreme Court decision could in principle raise the bar for judges to issue orders reinstating workers, effectively limiting the labor board’s ability to win temporary relief for workers during a union campaign.The case is not the only recent challenge to the labor board’s authority. After the board issued a complaint accusing the rocket company SpaceX of illegally firing eight employees for criticizing its chief executive, Elon Musk, the company filed a lawsuit this month arguing that the agency’s setup for adjudicating complaints is unconstitutional.The company said in its lawsuit that the agency’s structure violated its right to a trial by jury. More

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    Federal Regulators Seek to Force Starbucks to Reopen 23 Stores

    The National Labor Relations Board says the locations were closed because of union organizing, violating federal law.Federal labor regulators accused Starbucks on Wednesday of illegally closing 23 stores to suppress organizing activity and sought to force the company to reopen them.A complaint issued by a regional office of the National Labor Relations Board argued that Starbucks had closed the stores because its employees engaged in union activities or to discourage employees from doing so. At least seven of the 23 stores identified had unionized.The agency’s move is the latest in a series of accusations by federal officials that Starbucks has broken the law during a two-year labor campaign.The case is scheduled to go before an administrative judge next summer unless Starbucks settles it earlier. In addition to asking the judge to order the stores reopened, the complaint wants employees to be compensated for the loss of earnings or benefits and for other costs they incurred as a result of the closures.“This complaint is the latest confirmation of Starbucks’ determination to illegally oppose workers’ organizing,” Mari Cosgrove, a Starbucks employee, said in a statement issued through a spokesperson for the union, Workers United.A Starbucks spokesman said, “Each year as a standard course of business, we evaluate the store portfolio” and typically open, close or alter stores. The company said it opened hundreds of new stores last year and closed more than 100, of which about 3 percent were unionized.The union campaign began in 2021 in the Buffalo, N.Y., area, where two stores unionized that December, before spreading across the country. More than 350 of the company’s roughly 9,300 corporate-owned locations have unionized.The labor board has issued more than 100 complaints covering hundreds of accusations of illegal behavior by Starbucks, including threats or retaliation against workers involved in union activity and a failure to bargain in good faith. Administrative judges have ruled against the company on more than 30 occasions, though the company has appealed those decisions to the full labor board in Washington. Judges have dismissed fewer than five of the complaints.None of the unionized stores have negotiated a labor contract with the company, and bargaining has largely stalled. Last week, Starbucks wrote to Workers United saying it wanted to resume negotiations.According to Wednesday’s complaint, Starbucks managers announced the closing of 16 stores in July 2022, then announced several more closures over the next few months.An administrative judge previously ruled that Starbucks had illegally closed a unionized store in Ithaca, N.Y., and ordered workers reinstated with back pay, but the company has appealed that decision.The new complaint was issued on the same day that Starbucks released a nonconfidential version of an outside assessment of whether its practices align with its stated commitment to labor rights. The company’s shareholders had voted to back the assessment in a nonbinding vote whose results were announced in March.The author of the report, Thomas M. Mackall, a former management-side lawyer and labor relations official at the food and facilities management company Sodexo, wrote that he “found no evidence of an ‘anti-union playbook’ or instructions or training about how to violate U.S. laws.”But Mr. Mackall concluded that Starbucks officials involved in responding to the union campaign did not appear to understand how the company’s Global Human Rights Statement might constrain their response. The rights statement commits Starbucks to respecting employees’ freedom of association and participation in collective bargaining.Mr. Mackall cited managers’ “allegedly unlawful promises and threats” and “allegedly discriminatory or retaliatory discipline and discharge” as areas where Starbucks could improve.In a letter tied to the report’s release, the chair of the company’s board and an independent director said the assessment was clear that “Starbucks has had no intention to deviate from the principles of freedom of association and the right to collective bargaining.” At the same time, the letter added, “there are things the company can, and should, do to improve its stated commitments and its adherence to these important principles.” More

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    Starbucks Tells Union It Wants to Resume Contract Talks

    After the coffeehouse chain proposed terms for contract negotiations, Workers United, which represents 9,000 employees, said it was open to productive steps.Starbucks said Friday that it wanted to get back to the bargaining table after a deadlock of more than six months with the union that represents more than 9,000 of its workers.The company is proposing that bargaining continue with a set of organized stores in January, Sara Kelly, Starbucks’s vice president and chief partner officer, said in a letter to Lynne Fox, president of Workers United, the parent union of Starbucks Workers United.“We collectively agree, the current impasse should not be acceptable to either of us,” Ms. Kelly said in the letter. “It has not helped Starbucks, Workers United or, most importantly, our partners. In this spirit, we are asking for your support and agreement to restart bargaining.”Starbucks said it would like to conduct these meetings without audio or video recording “so that all participants are comfortable with open, honest discussions.” The union has previously fought for the negotiations to be conducted by videoconference so that more members could take part.Ms. Fox said in a statement that the union was reviewing the letter and still determining how to respond. “We’ve never said no to meeting with Starbucks,” she said. “Anything that moves bargaining forward in a positive way is most welcome.”Starbucks workers began organizing in 2021 with three Buffalo-area stores. Now more than 350 of the company’s roughly 9,300 corporate-owned stores in the United States are organized.In those two years, the coffee giant and its workers have sparred over issues ranging from Pride Month décor to accusations of company retaliation. The two sides have blamed each other for stalled talks since their last meeting on May 23.Most recently, workers at more than 200 stores walked out on Nov. 16, which fell on Starbucks’ promotional Red Cup Day.The union has filed hundreds of charges with the National Labor Relations Board complaining of unfair labor practices, with accusations including unjust firings and withholding certain health care benefits for organized workers. The agency itself has sided with workers in many of those disputes.The company has also sued the union over allegations of using the company’s intellectual property in pro-Palestinian messaging. More

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    Starbucks Violated Labor Law in Buffalo Union Drive, Judge Rules

    The decision cited “egregious and widespread misconduct,” including illegal monitoring and firing of workers. Starbucks signaled that it would appeal.In a sweeping decision, an administrative judge in New York ruled on Wednesday that Starbucks had violated federal labor law dozens of times in responding to a union campaign in the Buffalo area shortly after the campaign began roughly 18 months ago.Michael A. Rosas, a judge for the National Labor Relations Board, concluded that Starbucks had illegally monitored, disciplined and fired employees engaged in union organizing; added workers to stores to dilute support for the union; and promised new benefits to workers in an attempt to defuse support for the union.The ruling mandates the reinstatement of seven Buffalo-area workers who the judge concluded were unlawfully discharged from the company, and back pay and damages to more than two dozen workers who the judge concluded had suffered retaliation that affected their compensation, such as a reduction of hours.In addition, the judge ordered the chief executive of Starbucks, Howard Schultz, to read or be present for the reading of a notice, more than 10 pages long, promising to refrain from committing a series of labor law violations in the future, and to make and distribute a video of the reading.Because of the company’s “egregious and widespread misconduct demonstrating a general disregard for the employees’ fundamental rights,” Judge Rosas wrote, it was necessary to issue a broad order requiring Starbucks “to cease and desist from infringing in any other manner on rights guaranteed employees.”“This is truly a historic ruling,” Gary Bonadonna Jr., the regional head of Workers United, the union organizing Starbucks, said in a statement. “We will continue to fight and hold billionaires like Howard Schultz accountable for their actions. We will not rest until every Starbucks worker wins the right to organize.”The ruling can be appealed to the labor board in Washington, and to federal court after that, and Starbucks indicated that it might do so. “We believe the decision and the remedies ordered are inappropriate given the record in this matter and are considering all options to obtain further legal review,” the company said in a statement.The organizing campaign notched its first victory in Buffalo in 2021. Since then, more than 280 of the roughly 9,300 corporate-owned Starbucks locations in the United States have unionized. The ruling covers the period from August 2021 to July 2022, by which point the campaign had spread from the Buffalo area to dozens of stores nationwide.In the early months of the campaign, Starbucks workers complained that executives and other company officials were converging on Buffalo in an attempt to undermine their unionization effort.Judge Rosas found that Starbucks had violated labor law by “having high-ranking company officials make repeated and unprecedented visits to stores in order to more closely supervise, monitor or create the impression that employees’ union activities are under surveillance.”He also ordered the company to bargain with the union at a Buffalo-area location where the union lost an election in December 2021, concluding that the scope of the violations at the store tainted the vote and made a rerun of the election an “insufficient” remedy.It is rare but not unprecedented for a judge to effectively order in a union upon concluding that it had support among workers but that a fair vote is nearly impossible. More

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    Judge Scales Back Ruling Against Starbucks in Union Fight

    After barring Starbucks from firing any U.S.-based worker over labor activity, a federal judge said he had erred and limited the action to one store.It was the most sweeping intervention by a court in the 18-month campaign to unionize Starbucks: Last week, a federal judge in Michigan issued an order blocking Starbucks from firing any U.S. worker because they engaged in collective action, like seeking to form a union.Union supporters cheered. Starbucks seemed taken aback, calling the order “extraordinary” and “unwarranted” and denying that the company had broken the law.But a few days later, the judge, Mark A. Goldsmith, announced that he had made certain unspecified “errors” and withdrew his earlier injunction. On Thursday, Judge Goldsmith issued a new injunction — only this time it was limited to a store in Michigan where a worker said she had been fired for her involvement in union organizing. The injunction’s national scope had vanished.In a revised opinion accompanying Thursday’s order, Judge Goldsmith said that the key criterion for determining whether to impose a nationwide injunction was whether the company had pursued a general policy of violating labor law. He said that while the National Labor Relations Board had filed about 24 complaints involving roughly 50 workers fired by Starbucks across the country, many of those cases were in their early stages.As a result, Judge Goldsmith concluded, the evidence supported an injunction only at a store in Ann Arbor, Mich., where a labor board judge found in October that a worker had illegally been fired.Legal experts said that the original injunction would have allowed the labor board to seek expedited reinstatement of workers who had been fired at any of the roughly 9,000 corporate-owned Starbucks stores in the country, and that it could have led to fines if the court found that Starbucks was continuing to fire workers for union organizing. Now those measures will apply only to a single store.The general counsel of the labor board, who oversees the office that had gone to federal court seeking the worker’s reinstatement, called the reversal disappointing but said in a statement that “the judge’s revised order still provides critical protection for the workers at Starbucks’ Ann Arbor store.” The statement said the agency would continue to seek nationwide remedies for labor law violations “as appropriate.”The union, Workers United, said it would “continue to fight for a national remedy to address Starbucks’ unprecedented union-busting campaign and hold the company accountable for their actions.”A Starbucks spokesman said, “We are pleased that the court rejected the National Labor Relations Board’s overreaching and inappropriate request for a nationwide cease-and-desist order as we pursue a full legal review of the merits of the case.”As to why the court initially issued the national injunction before abandoning it, Judge Goldsmith’s opinion did not elaborate.Legal experts said they couldn’t recall seeing a judge make a similar about-face. “I don’t think I can think of anything like this,” Wilma Liebman, a former chairwoman of the National Labor Relations Board, said in an email.Ms. Liebman said the most plausible explanation she could imagine was that the board had provided the judge with the order it was seeking, and that the judge had incorporated the order without sufficient modification — “careless but not intentionally mistaken,” Ms. Liebman said.A clerk reached at the court said the judge could not comment. More

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    Starbucks Showdown in Boston Points to New Phase of Union Campaign

    The company moved to contain the labor push after it took off nationally. Now, with strikes and other tactics, organizers seek to regain momentum.For much of the summer, employees reliably turned up at a Starbucks near Boston University. But instead of going inside to serve coffee, they sat outside in lawn chairs — as part of a strike over what they said was retaliation for unionizing.When passers-by inquired how long the strike would last, workers responded, “As long as it has to.” Ultimately, they shut the store for more than two months, until satisfied that Starbucks would not impose new scheduling requirements in union stores that they said would force some of them to quit. Starbucks said it had told union stores for weeks that there would be no such change and denied retaliating against union supporters.The walkout was one of dozens at unionized Starbucks locations in recent months, meant partly to re-energize a labor organizing effort whose momentum has stalled since the spring and has so far yielded no contract.When workers at three Buffalo-area locations filed for union elections in August 2021, it appeared to catch the company off guard. The campaign spread rapidly, unionizing roughly 250 stores.But election filings dropped from about 70 in March to under 10 in August, ushering in a second phase of the campaign: an uneasy stalemate in which organizers struggled to sign up new stores even as the company was hard-pressed to reverse their gains.“In the context of the size of the organization as a whole, it’s a drop in the bucket,” said David Pryzbylski, a partner at the management-side firm Barnes & Thornburg, alluding to the company’s 9,000 corporate-owned locations. But he added: “Anyone who thinks it’s going back anywhere close to zero is foolish. It’s safe to assume they’ll have at least hundreds of cafes unionized going forward.”That has led to a third phase of the campaign, in which the union, Workers United, has stepped up efforts to win concessions from the company through collective bargaining, which is scheduled for the coming weeks.Some of the concessions sought by the union, like a commitment by the company to stay neutral in future elections, could make it easier for workers to unionize. Others, like paid leave tied to a pandemic, which the company has discontinued, could encourage more workers to join the union by showing it can deliver concrete benefits.But to win such concessions and greatly expand the union’s reach, labor experts say, supporters will almost certainly have to increase pressure on the company, through strikes or other means. And that has heightened the importance of a number of cities — in addition to Boston and Buffalo, places like Eugene, Ore.; Albany, N.Y.; and Ann Arbor, Mich. — where there are several unionized stores, dozens of workers willing to coordinate their actions and a community that is largely sympathetic.“Massing forces in a particular geographic region and attempting to spread the conflagration there has the potential to work,” said Peter Olney, a former organizing director of the International Longshore and Warehouse Union. “I would focus on those metro areas.”One architect of the union’s strategy in Boston is a recent law school graduate named Kylah Clay, who works as a barista at a unionized store.On a blistering afternoon in August, Ms. Clay, wearing a tank top and green army pants, sat outside the Boston University store holding a stack of checks that workers came to collect, courtesy of the union’s Starbucks strike fund.In between, she recalled how she and a colleague had recently ambushed their district manager at another store after he had become slow to respond to their calls and text messages. “We went up to the district manager and started making our demands,” Ms. Clay said. As Ms. Clay tells it, she knew almost nothing about unions before last year, when company officials began pouring into Buffalo after the campaign had gone public. Among them was Howard Schultz, who was between tours as chief executive. “When Buffalo filed, Howard should have kept his mouth shut,” she said. “I would have never gotten involved.”Employees at her store, where she had first worked during law school, and another Boston-area store filed for union elections in December and won their votes in April. Since then, more than 15 stores in New England have also unionized, most of them with her help. Nationwide, the union has won about 250 out of just over 300 votes.But adding to the total has become more difficult. “Stores that are easy to organize, that had people in them who were natural leaders, who were excited about it — those have filed already,” said Brick Zurek, a former Starbucks employee in Chicago who helped organize workers there.Adjustments in the way that Starbucks treats workers have also appeared to play a role. During the early phase of the union campaign, the company generally did not fire workers involved in organizing. But this year, Starbucks began to do so more regularly — like when it fired seven workers in Memphis who were recently reinstated by a federal judge.The National Labor Relations Board issued multiple complaints against Starbucks for firing union supporters, and the agency’s judges have ruled against the company in a few cases so far.Reggie Borges, a Starbucks spokesman, denied that the company had unlawfully forced out workers, saying any increase in disciplinary action against union supporters reflected an increase in violations.In May, the company announced wage increases and new benefits, like faster sick leave accrual, that would apply only to employees of nonunion stores or those not in the process of organizing.Kylah Clay, a recent law school graduate, works at a unionized Starbucks in Boston, and she leads a committee that has helped other stores in New England organize.Tony Luong for The New York TimesJulie Langevin, a worker involved in organizing a Starbucks store near Boston that voted against the union, said several longtime employees in her store relied on Starbucks for health care and had become alarmed that unionized workers might miss out on benefits.“They were extremely concerned that they would actually lose health insurance,” Ms. Langevin said.The labor board has issued a complaint against the company for withholding new benefits and wage increases from unionized employees. Starbucks has said it is forbidden by federal law from adding certain benefits unilaterally in unionized stores.Workers United is an established union with more than 70,000 members across the United States and Canada, but has often relied on Starbucks workers to organize their own stores and plan their own labor actions.Ms. Clay leads a committee that helps New England stores organize, sending out union “starter kits” that include Starbucks Workers United T-shirts and union cards with envelopes addressed to the labor relations board. “I have one closet with 300 shirts in it,” she said in August.She also leads the region’s collective action committee, which came about after workers at a Boston-area store staged a daylong strike over a leaky roof in late May. (Starbucks said the leak had been repaired within a business day.)Six weeks later, as the committee was contemplating a series of daylong walkouts in response to the company’s withholding of new benefits from union stores, workers at the store near Boston University decided to strike. Spencer Costigan and Nora Rossi, two union leaders at the store, which is at 874 Commonwealth Avenue, said workers were fed up with what they described as retaliation for unionizing and the company’s refusal to bargain.“They texted me out of the blue and said, ‘I think we’re ready to do it,’” Ms. Clay said. “Not as many stores were interested at the time. But then they saw 874 and were like, ‘Ah, OK.’” Workers eventually waged strikes that closed five stores for one week; the strike at 874 Commonwealth sprawled across nine weeks.The actions seemed to build support for their cause. The Boston City Council passed a resolution backing the strikers, and politicians, activists, students and other union members joined the picket line at all hours of the day and night.Ms. Clay also leads the region’s collective action committee.Tony Luong for The New York TimesWorkers at the Boston University store called off the strike in late September, a few days after Starbucks posted an announcement to baristas saying stores that had unionized by early July would not be subject to a requirement that workers be available to work at least 18 hours a week. (The requirement would take effect at nonunion stores.)Ms. Rossi said that, before the workers went on strike in mid-July, their manager had pressured some union supporters to increase their availability under the new rule or leave their jobs. Other unionized workers in Massachusetts made similar complaints on a messaging app as recently as early September.Mr. Borges, the Starbucks spokesman, said the rule had never applied to union stores, citing communications to managers in July and a tweet by the Starbucks union the same month. He emphasized that the company had not negotiated with the striking workers or offered them concessions.A few days after the strike ended, Starbucks began sending letters to worker representatives at unionized stores proposing a window for bargaining in October. The union’s president, Lynne Fox, had sought to bargain on a regional or national scale as the union prepared proposals with input from thousands of workers, but the union has accepted the store-by-store approach preferred by the company. Starbucks has nonetheless continued to portray the union as resistant to store-level bargaining.The outcome of the negotiations could reverberate beyond Starbucks. In an email that Geico sent to employees in August, after some workers there began union organizing, the company emphasized that Starbucks had recently offered wage and benefit increases only to nonunion stores. Other large employers are surely watching closely as well.Ms. Clay, for one, believes the stakes are high enough that she has altered her career plans, declining a job in the local public defender’s office so she can stay at Starbucks and push for a contract.“There was some grieving to it — I spent the last five years trying to do that job,” she said. “But you have to go where the wind takes you.” More