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    Starbucks Is Moving to Oust Workers in Buffalo, Union Supporters Say

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    Some employees who back unionization efforts have been told they must increase their work availability or leave. The company cites scheduling issues.Workers at Starbucks stores in Buffalo are accusing the company of retaliating against union supporters by telling some of them they may have to leave the company if they cannot increase their work availability.At least five of the cases have arisen at a store that unionized in December, though union supporters at other Buffalo-area stores report similar conversations with managers, frequently but not always involving pro-union employees. The company denies any connection between the scheduling issues and union activities and says the matter is strictly logistical.The tensions indicate how labor relations are playing out after initial successes in unionizing company stores. None of Starbucks’s roughly 9,000 corporate-owned stores in the United States were unionized before early December, but three have unionized since then, and workers at more than 100 stores across the country have filed for union elections.One of the Buffalo workers, Cassie Fleischer, said her manager told her on Feb. 20 that she would soon no longer be employed at the store where she had worked since 2020 because she had sought to reduce her hours from around 30 to 15, a change the manager said she could not accommodate. The store was recently unionized, and Ms. Fleischer is a prominent union supporter.Kellen Montanye, who works at the same store, said the manager told him in a meeting Sunday that he would have to decide this week if he could increase his availability to 15 or 20 hours or leave the company. Mr. Montanye was also outspoken in supporting the union.“This new policy is a complete betrayal of the promise made by Starbucks to its partners, to schedule us around our other jobs or our school hours,” Starbucks Workers United, the union representing the workers, said in a statement, using the company’s term for its employees. “This is a part of Starbucks’s broader strategy to bust our union.”News that the company was asking some employees to be available to work more hours or leave was reported earlier by the labor-oriented website More Perfect Union.Reggie Borges, a Starbucks spokesman, said that the company was not firing the workers and that there was no policy requiring minimum availability. The company generally tries to honor employees’ preferences on availability, he said, but it cannot guarantee that it will do so, especially when several employees request more limited availability around the same time.Mr. Borges said that 10 people at Ms. Fleischer’s and Mr. Montanye’s store, on Elmwood Avenue in Buffalo, had made such requests recently, out of a total of about 27 workers there.Union supporters said they had not previously faced resistance when making such requests. Many union supporters were also skeptical that 10 workers at the Elmwood store had asked to scale back their hours in ways that posed an unusual challenge for management. A recording of a meeting between Ms. Fleischer and her manager, provided to a reporter by the union, seemed to indicate that the number was lower.“There’s your shift and a couple other people that really, with the hours that I — I just, I don’t have the quite the availability,” the manager told Ms. Fleischer. If fewer workers had sought significant reductions in availability, that would presumably be easier to accommodate.The manager appeared to acknowledge in the recording that the refusal to grant the reduction in hours was a break with her previous approach. “There’s certain things that I have to take care of as well, that maybe I didn’t do the right way before, but I have to get on board,” the manager said.Mr. Montanye, a graduate student at the University at Buffalo, said that he had worked at Starbucks since 2018 and at the Elmwood store for roughly one year, and that he had frequently adjusted his hours. He said he typically worked nearly full time during winter and summer breaks and only one or two days a week while school was in session. His managers had never taken issue with these requests, he added.But at an initial meeting on Feb. 13, he said, his manager told him that his current schedule of one day a week no longer met the store’s “needs” and that he would have to provide 15 or 20 hours of weekly availability to stay on the schedule. At a follow-up meeting over the weekend, he said, the manager told him to decide this week whether he could provide the additional availability. He may seek a leave of absence instead.The Starbucks store on Elmwood Avenue in Buffalo. Union supporters were skeptical that 10 workers at the store had asked to scale back their hours.Mustafa Hussain for The New York TimesMs. Fleischer had worked at Starbucks for over four years, and at the Elmwood store since the summer of 2020. She was typically scheduled for about 33 or 34 hours a week during the second half of last year. But she began looking for additional work elsewhere to cover expenses after her scheduled hours dropped somewhat in January.She asked to scale back to 15 hours a week upon finding a second job, at which point her manager told her in an initial meeting in early February that the more limited availability didn’t meet the “needs of the business,” according to Ms. Fleischer.In her final meeting with her manager, which Ms. Fleischer recorded on Feb. 20, the manager said that she had not put Ms. Fleischer on the schedule for the next two weeks and that, after a certain number of weeks of being unscheduled, Ms. Fleischer would be “termed out” — that is, no longer employed by Starbucks. She is scheduled to meet with her district manager to discuss the issue on Mar. 7.Ms. Fleischer said she would have been unlikely to look for a second job had her hours not dropped in January. Hours at Starbucks tend to fall somewhat during the slow months of January and February, but Ms. Fleischer and Mr. Montanye said they believed the changes were also driven by the addition of several new workers to the store in the fall.The union has said the fall hiring was intended to dilute union support ahead of an election at the store; the company has said the hiring was intended to address understaffing. Mr. Borges said that a similar number of workers had left the store since then and that hours had been fairly consistent.An employee at another Starbucks in Buffalo, Roisin Doherty, said her store also cut back her hours. In late January she too took another job, then informed her manager that she would need to change her availability to weekends only. Screenshots provided by Ms. Doherty show that the manager congratulated her through a messaging app and did not indicate that the new constraints would be a problem. But in early February the manager wrote that she would need “at least four days” of availability. Workers at her store filed for a union election in between the two exchanges, on Jan. 31, and Ms. Doherty has helped lead the union campaign, though she said another worker who is not identified with the union had also been told that his availability was insufficient.Ms. Doherty said that she remained on the schedule and that she had yet to have a second interaction with a manager forcing the issue.Mr. Borges, the Starbucks spokesman, said Ms. Doherty’s hours were reduced after she was given a written warning about tardiness and attendance issues. He said managers would continue contacting employees when necessary to explain that narrow availability could lead them to go unscheduled for a few weeks, which could ultimately cause their separation from the company.“Leaders are trying to make sure partners understand that the lack of availability could lead to that,” Mr. Borges said in an email. More

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    Starbucks Workers in Mesa, Ariz., Vote for Union

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    The victory was the union’s first outside Buffalo and appeared to underscore its momentum in organizing company employees across the country.First they won in Buffalo. Now they’ve scored a victory on the other side of the country.On Friday, the National Labor Relations Board announced that workers at a Starbucks in Mesa, Ariz., had voted 25 to 3 to unionize, with three challenged votes. The result brought the number of company-owned stores with a union to three, out of roughly 9,000 nationwide.The victory was the first for the union since two stores voted to unionize in Buffalo in December, but it could mark the beginning of a larger trend. More than 100 Starbucks stores across more than 25 states have filed petitions for union elections, most of them since that first victory. The next tally will probably come from three more stores in the Buffalo area, where votes have already been cast. Starbucks workers in cities including Boston, Chicago and Seattle are scheduled to vote or are likely to vote in the coming months.“This is another historic moment for Starbucks partners and service industry workers across the country,” Michelle Hejduk, a shift supervisor at the store, said in a statement. “This movement started in Buffalo, and we’ve now brought it across the country.”Reggie Borges, a Starbucks spokesman, said in a statement that the company’s position had not changed. “As we have said throughout, we will respect the process and will bargain in good faith guided by our principles,” he said, adding: “We hope that the union does the same.”Lawyers who advise companies on labor relations said Workers United, an affiliate of the Service Employees International Union, appeared to have considerable momentum in organizing Starbucks workers.“Clearly the work force is very sympathetic to what the union is selling,” said Brian West Easley, a management-side lawyer with Jones Day. “Right now, they probably rightfully believe they have the upper hand, given the number of petitions filed each week.”The company has generally sought to challenge the union store by store, contesting the voting pool for each election before the labor board and sending company officials to cities where workers have filed for elections, partly to share its concerns about unionizing. The challenges delayed the counting of votes in Mesa and the second round of Buffalo stores.But Mr. Easley argued that it would become more difficult for Starbucks to sustain that approach if the company continued to suffer defeats, especially as the number of stores filing for elections increases.“The bigger this gets, the more stretched resources become and the more ineffective they become,” he said. “The ability to push back is eroding as the numbers increase.”At least one prominent Starbucks investor echoed that concern, arguing that the company appeared to be wasting money in its efforts to resist the union. “The company is devoting quite a bit of time and money to putting forward these arguments in front of the N.L.R.B.,” said Jonas Kron, the chief advocacy officer of Trillium Asset Management, which makes investments to further environmental, social and governance goals and had a roughly $43 million stake in Starbucks at the end of last year. “It doesn’t feel like they’re using investor resources — stakeholder resources — that well.”Mr. Kron and Trillium have urged the company to take a neutral stand toward the union. Other labor experts suggested it may eventually be forced to do so whether it wants to or not.“I’m sure there will be a tipping point at some point,” said Amy Zdravecky, a management-side lawyer at Barnes & Thornburg. “How many losses do you have before you change strategy?”Ms. Zdravecky added that the union’s ability to win an election in a state not normally sympathetic to organized labor suggested that the campaign had staying power, and that one risk for Starbucks’s approach to opposing the union is that it could begin to alienate the company’s liberal-leaning customer base.“Fighting unions may not align with where they want to be elsewhere,” she said.Many of the issues that workers in Mesa cited in their decision to support the union were similar to those identified by workers in Buffalo, like staffing and Covid-19 safety. Liz Alanna, a shift supervisor at the store, said that customers sometimes waited 45 minutes last fall after submitting a mobile order because there were not enough baristas to handle the volume. “The lobby would be full of people waiting,” Ms. Alanna said. .The Mesa campaign had an additional subplot that raised the stakes for workers. In early October, the store’s manager, Brittany Harrison, was found to have leukemia. The company initially appeared to rally behind her, Ms. Harrison said in an interview, but its posture later changed.“I’d reach out to the district manager and it would go to voice mail or ring forever and she wouldn’t call back,” she said. Ms. Harrison, and other workers like Ms. Alanna, said that she repeatedly sought an assistant manager to help at the store but that none was forthcoming.The situation came to a head on Friday, Nov. 12, when Ms. Harrison became ill at the store, then put in her two-week notice. The workers at the store filed their petition for a union election the following week. “We really had an easy time moving forward,” said Ms. Alanna, citing frustration over how the company had treated Ms. Harrison. Mr. Borges said that the company had offered Ms. Harrison support throughout her time there, and that it had offered to provide an assistant manager if she went on leave, which she had yet to do. Starbucks’s approach to the union election in Mesa resembled its approach in Buffalo. The company sent a variety of officials to the store — including two new managers, at least two new assistant managers, a senior human resources official based in Colorado, a senior manager who had worked in California and a regional vice president based in Colorado.Workers said they felt the managers and other officials were partly there to monitor them. Ms. Hejduk said the new managers appeared to implement a policy in which at least one manager must be in the store at all times to “babysit,” as she put it.Ms. Hejduk said she had been told on a recent weekday morning that the store was closing and that her shift was being canceled because no manager was available to come in, even though she has a key and frequently worked in the store without a manager before the union election filing. She said the policy was relaxed after the union voting ended.In Mesa, as in at least one of the Buffalo stores, Starbucks also brought in several new workers after the election filing, who typically had spent a few weeks training at other stores. The union argued that the offsite training was meant to ensure that workers began their employment with no contact with union supporters and that the workers were brought in to dilute support for the union. The union, which argues that some of the new workers had not worked at the store long enough to be eligible to vote, won a challenge on similar grounds in Buffalo.Mr. Borges said the officials were addressing operational issues like staffing and soliciting input from workers and educating them about the risks of unionizing, though he said Starbucks respected the rights of its employees to unionize. He said that having a separate location focused on instructing new employees allowed the company to train them more efficiently, and that all of the workers who received ballots were eligible under N.L.R.B. rules. He said it was occasionally a policy to have one manager on at all times when there was new leadership in a store.The count in Mesa and at the three additional Buffalo-area stores had been held up by management challenges over a key legal issue: the proper voting pool for the union elections.In a rebuff to Starbucks, the labor relations board ruled Wednesday that stores could vote individually, rather than having to cast ballots with other stores in a geographic area. The board’s detailed ruling makes it more difficult for Starbucks to get its way on the issue elsewhere.Unions typically favor voting on a smaller scale to reduce the number of votes needed to secure a majority in at least some locations, but Starbucks has argued that stores in the same market are akin to a single unit because employees can work at multiple locations and because district managers oversee them as a cohesive group.One option for Starbucks in light of its recent defeats, said Mr. Easley of Jones Day, would be to resign itself to a union presence and position the company to minimize the union’s influence. He suggested, for example, that Starbucks might focus its opposition on cities where the union had already won, to make sure there weren’t several unionized stores that would provide it with greater leverage.“The next phase of this may be divide and conquer,” he said. “Make sure they don’t end up with voting blocks that could shut down business in a market.”He added, referring to the union: “If they can control market in a particular location, they have leverage to get Starbucks to do something.” More

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    Starbucks Strategy for Responding to Union Elections Is Dealt a Setback

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    The National Labor Relations Board dealt a blow to Starbucks’s legal strategy in response to a growing union campaign on Wednesday, rejecting the company’s argument that workers seeking to unionize in a geographic area must vote in a single union election.In a ruling involving an election in Mesa, Ariz., the board noted the longstanding presumption that a single store is an appropriate unit for a vote — as union supporters have insisted.Starbucks workers at more than 100 stores nationwide have filed for union elections and workers at two stores in Buffalo have already unionized.Unions typically prefer smaller elections, which tend to increase their chances of winning, albeit on a smaller scale. Workers United, the union seeking to represent Starbucks employees, has complained that Starbucks has repeatedly resisted store-by-store elections despite gaining little traction on the issue as a way to delay votes and stop the union’s momentum.Starbucks has argued that the elections should be marketwide because employees can work at multiple locations and because the stores in a market are managed as a relatively cohesive unit. It has made this case in its requests to appeal labor board decisions ordering elections on a store-by-store basis in Buffalo and Mesa, and in other filings related to union elections around the country.Before Wednesday’s ruling, the board had been unmoved by the company’s argument in Buffalo as well. But unlike the request for an appeal in Buffalo, which the board rejected on an ad hoc basis, the action in the Arizona case sets a binding precedent and will most likely make it more difficult for Starbucks to successfully raise such objections in the future.Nonetheless, the company indicated it would still press the issue. “Our position since the beginning has been that all partners in a market or district deserve the right to vote on a decision that will impact them,” Reggie Borges, a Starbucks spokesman, said in a statement, using the company’s term for its employees. “We will continue to respect the N.L.R.B.’s process and advocate for our partners’ ability to make their voices heard.”Workers in Mesa and at three Buffalo-area locations have voted in store-by-store elections, but the board postponed those vote counts while resolving Starbucks’s appeals. In the short term, the board decision means that a vote count at a Starbucks store in Mesa can go forward after being postponed last week.In a statement Wednesday, the union criticized both Starbucks and the labor board for the delays in counting ballots. “Partners are confident in our ability to stand strong, but justice delayed is justice denied, and we will continue to push for our right to organize without delay,” the statement said. More

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    Unionizing Starbucks, Inspired by Bernie Sanders

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    The liberal workers the company has long attracted are expanding a union campaign to other cities after a landmark victory in Buffalo.Maggie Carter, a Starbucks barista in Knoxville, Tenn., is a warm and reassuring presence who says she is keen to “go the extra mile” for customers.She may also be a nightmare for Starbucks executives.As a union organizing campaign that began in Buffalo and produced the company’s only two unionized U.S. stores spreads to other cities, it is being driven by workers like Ms. Carter: young, well educated, politically liberal.Ms. Carter, who began circulating union cards at her store not long after the results of the Buffalo elections were announced last month, studies broadcast journalism at the University of Tennessee. She is passionate about climate change, fighting racism and labor rights. And her political hero is Senator Bernie Sanders, the Vermont independent.“Bernie Sanders is my everything,” Ms. Carter said. “I love him more than anything.”Perhaps more disconcertingly for Starbucks as it tries to contain the union campaign, Ms. Carter appears to be representative of the kinds of people the company has hired over the years to reinforce its progressive branding.Labor experts say that in seeking such employees Starbucks may have built a work force that is more inclined to unionize and to be energized by the Buffalo campaign.“If you think about the kinds of employees they have, the stereotype of people that work there seems to be true — a lot of young people, Bernie supporters, D.S.A. types,” said John Logan, a labor studies professor at San Francisco State University, referring to the Democratic Socialists of America. “These are the kinds of people who can take this and run with it. It could be in Knoxville and Arizona just as easily as in San Francisco and Manhattan.”A Starbucks spokesman, Reggie Borges, said that the company was not anti-union but “pro-partner,” as it refers to employees, and that it had historically made changes in response to input from workers, making a union unnecessary.With more than 230,000 employees at roughly 9,000 company-operated stores across the country, Starbucks employs plenty of older workers, conservative-leaning workers and those with a high school diploma or less. Some who were heavily involved in the Buffalo campaign had never been to college.But at least compared with other food and retail establishments, Starbucks customers tend to be liberal and well educated, and the company’s hiring appears to reflect those demographics. The company’s annual report plays up its employees as “significant contributors to our success as a global brand that leads with purpose.”Starbucks allows employees who work at least 20 hours a week to obtain health coverage, more generous than most competitors, and has said it will increase average pay for hourly employees to nearly $17 an hour by this summer, well above the industry norm. The company also offers to pay the tuition of employees admitted to pursue an online bachelor’s degree at Arizona State University, helping it attract workers with college aspirations.The Status of U.S. JobsMore Workers Quit Than Ever: A record number of Americans — more than 4.5 million people — ​​voluntarily left their jobs in November.Jobs Report: The American economy added 210,000 jobs in November, a slowdown from the prior month.Analysis: The number of new jobs added in November was below expectations, but the report shows that the economy is on the right track.Jobless Claims Plunge: Initial unemployment claims for the week ending Nov. 20 fell to 199,000, their lowest point since 1969.Such people, in turn, tend to be sympathetic to unions and a variety of social activism. A recent Gallup poll found that people under 35 or who are liberal are substantially more likely than others to support unions.Several Starbucks workers seeking to organize unions in Buffalo; Boston; Chicago; Seattle; Knoxville, Tenn.; Tallahassee, Fla.; and the Denver area appeared to fit this profile, saying they were either strong supporters of Mr. Sanders and other progressive politicians, had attended college or both. Most were under 30.“I’ve been involved in political organizing, the Bernie Sanders campaign,” said Brick Zurek, a leader of a union campaign at a Starbucks in Chicago. “That gave me a lot of skill.” Mx. Zurek, who uses gender-neutral courtesy titles and pronouns, also said they had a bachelor’s degree.Len Harris, who has helped lead a campaign at a Starbucks near Denver, said that “I admire the progressivism, the sense of community” of politicians like Mr. Sanders and Representative Alexandria Ocasio-Cortez, Democrat of New York. She said that she had graduated from college and that she was awaiting admissions decisions for graduate school.And most union supporters have drawn inspiration from their colleagues in Buffalo. Sydney Durkin and Rachel Ybarra, who are helping to organize a Starbucks in Seattle, said workers at their store discussed the Buffalo campaign almost daily as it unfolded and that one reached out to the union after the National Labor Relations Board announced the initial results of the Buffalo elections in December. (The union’s second victory was announced Monday, after the labor board resolved ballot challenges.)Ms. Ybarra said the victory showed workers it was possible to unionize despite company opposition. “The Buffalo folks became superheroes,” she said. “A lot of us spent so much time being afraid of retaliation — none of us could afford to lose our jobs, have our hours cut.”Since three Buffalo-area stores filed for union elections in late August, workers have filed for elections in at least 15 Starbucks stores nationwide. At least 10 of the filings came after the union victory in Buffalo. “It was the day Buffalo announced they had a won a union that I said, ‘I’m going to try to unionize my store,’” Ms. Harris recalled.More than 15 stores in 10 cities have filed for union elections.Audra Melton for The New York TimesMr. Logan, the labor studies professor, said this pattern might be turning the conventional wisdom about labor organizing on its head. Unions have traditionally preferred to aim at companies with a relatively small number of large workplaces because unionizing these sites creates economic leverage: Striking at one of a dozen large factories can disrupt a company’s operations, while striking at one out of 9,000 stores makes no difference to a company’s bottom line.But over the past few decades, victories at large, high-profile job sites have been less common — unions have lost elections at Boeing, Nissan, Volkswagen and Amazon facilities, though the labor board later overturned the Amazon result and called a new election. The Starbucks campaign shows that focusing on small workplaces at a high-profile company may be more effective, because a victory can build momentum nationwide.“In terms of creating a moment for unions, if you organized 100 stores it would be the biggest thing that happened in 50 years,” Mr. Logan said. Even if the direct economic impact on Starbucks is minor, he added, the media attention and political pressure on the company could be enormous.Richard Bensinger, who oversees Starbucks organizing for the union representing its employees, Workers United, said in an interview that the goal of the campaign was to build support among workers nationally, to rally public opinion and ultimately to pressure the company to stay neutral so that any store whose employees wanted a union could easily get one.“The real question is getting the country to stand up for David, not Goliath,” Mr. Bensinger said. “Every day we’re getting more people — it’s getting stronger.”Further benefiting the union are the economics of organizing workers versus the economics of persuading workers not to unionize. The costs of seeking an election at another store — like legal filings whose arguments the union’s lawyers have already refined — are relatively modest. Starbucks workers themselves are the boots on the ground.By contrast, if the company were to replicate its Buffalo approach, that could mean bringing in 10 or more out-of-town officials over a period of months. Starbucks has dispatched a few out-of-town officials and area managers to a store in Mesa, Ariz., the only city beyond Buffalo where the labor board has set an election date. The company said that some officials there were addressing operational issues and that others were educating employees about what unionizing would entail, as in Buffalo. Some workers in both cities said they found the presence of these officials intimidating.Len Harris has helped lead a campaign at a Starbucks in the Denver area.Benjamin Rasmussen for The New York TimesStarbucks has no shortage of cards to play in resisting unionization. While companies must bargain in good faith with N.L.R.B.-certified unions, they are not required to agree to a contract, and negotiations could drag on for years. The company can also afford to spend large sums to discourage union organizing.But the image-conscious company could eventually decide that risking an anti-union reputation is costlier than a more accommodating posture. “You don’t want to antagonize your customer base,” said Steven M. Swirsky, a management-side lawyer at Epstein Becker & Green. “They have created a brand with certain mystiques around it. You have to be sensitive to how to maintain that, not undermine it.”Starbucks may also conclude that what it spends opposing unions is not money well spent. “When you’re making a resource commitment at some point you have to realize there is a reason this is happening, and it may not be a reason you’re going to be able to fix soon enough to make a difference,” said Brian West Easley, a management-side lawyer at Jones Day.Complicating the challenge is that the workers involved in organizing appear to be less interested in addressing specific problems like staffing and pay — though those are certainly concerns — than in having more input at work. David Pryzbylski, a management-side lawyer at Barnes & Thornburg, said that of over 100 campaigns he has handled, the union typically failed to even qualify for a vote when there was a specific economic issue driving the organizing, but tended to get much further when “employees don’t feel like they have a voice.”Several Starbucks workers said that unionizing was not merely a means to improve their work lives but a goal in itself and that they supported a union as a matter of principle. “One of the main things we want to have a union for is to establish the right to have a union — it’s a little circular,” said Ms. Ybarra, in Seattle. “They’re trying to discourage folks from creating any communal organization.” More

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    Buffalo Starbucks Workers Vote for Union at 1 Store

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    Employees at a Buffalo-area Starbucks store have voted to form a union, making it the only one of the nearly 9,000 company-owned stores in the United States to be organized and notching an important symbolic victory for labor at a time when workers across the country are expressing frustration with wages and working conditions.The result, announced on Thursday by the National Labor Relations Board, represents a major challenge to the labor model at the giant coffee retailer, which has argued that its workers enjoy some of the best wages and benefits in the retail and restaurant industry and don’t need a union.The union was leading in an election at another store, but by a margin smaller than the number of ballots the union was seeking to disqualify through challenges. The challenges must be resolved by the labor agency’s regional director in the coming days or weeks before there is a result. Workers at a third store voted against unionizing, according to the board, though a union lawyer contended that some ballots had been delivered to the agency and not counted.“Although it’s a small number of workers, the result has huge symbolic importance and symbols are important when it comes to union organizing,” John Logan, a labor studies professor at San Francisco State University, said in an email. “Workers who want to form a union in the United States are forced to take a considerable amount of risk, and it helps if they can see others who have taken that risk and it has paid off.”The unionized employees, who are joining Workers United, an affiliate of the giant Service Employees International Union, received inquiries throughout the campaign from Starbucks workers across the country who said they were paying close attention and were interested in unionizing as well.“I don’t think it will stop in Buffalo, whatsoever,” Alexis Rizzo, a worker at one of the stores and a leader in the organizing campaign, said at a news conference after the vote.Workers cited frustration over understaffing and insufficient training when they filed for union elections at the stores in late August, problems that have dogged the company for years but which appeared to worsen during the pandemic. Such problems are not unique to Starbucks and have been problems for workers across the restaurant and retail industries for many years.“We continue on as we did today, yesterday and the day before that,” Rossann Williams, Starbucks’s president of retail for North America, said in a letter to employees after the vote. “The vote outcomes will not change our shared purpose or how we will show up for each other.”The election occurred through mail ballots that were due Wednesday. In November, workers at three more Buffalo-area stores filed the paperwork needed to hold union elections, but it was unclear when votes would take place for those outlets.Starbucks responded to the union campaign with a sense of urgency. Throughout the fall, out-of-town managers and executives — even Ms. Williams — converged on stores in Buffalo, where they questioned employees about operational challenges and assisted in menial tasks like cleaning bathrooms.In a video of a meeting in September viewed by The New York Times, a district manager from Arizona told co-workers that the company had asked her to go to Buffalo to help “save it” from unionization.Several workers who support the union said they found the presence of these officials intimidating and, at times, surreal. They also complained that Starbucks had temporarily closed certain stores in the area, which they found disruptive, and said Starbucks had excessively added staff in at least one of the three stores that held elections. The workers said this had diluted support for unionization at the store.“As of today we’ve done it in spite of everything that the company has thrown at us and we all know it has been an extensive anti-union campaign by Starbucks corporate,” Michelle Eisen, a barista at the Buffalo location that unionized who also helped lead the campaign, said at the news conference.Former National Labor Relations Board officials have said that these actions by the company could be interpreted as undermining the “laboratory conditions” that are supposed to prevail during union elections and that they could serve as grounds for throwing out a result. Workers involved in the union campaign and a union lawyer indicated that they might challenge the result at the store where workers voted down the union.A regional director of the labor board recently overturned a union election at an Amazon warehouse in Alabama on similar grounds.Starbucks has said that it dispatched out-of-town officials and temporarily closed stores to help solve staffing and training problems and to remodel stores to make them more efficient. The company said that it added staff to deal with an increase in the number of workers calling in sick and that it had taken such steps across the country since the spring, when coronavirus infection rates dropped and stores became busier.Ms. Williams, the North America president, said in an interview on Wednesday from Buffalo that she did not feel that the run-up to the vote had been especially contentious and that she had spent much of her time there this fall listening to employees (partners, in the company’s words) and addressing “the conditions that partners had pointed out.”The key issue at the store whose vote was unresolved, near the Buffalo airport, was whether several workers who cast ballots were actually employed at the store. The union argues that they were employed at another store in the area and worked at the airport store for only a short period of time. The company said they were eligible to vote under the labor board’s rules.The outcome could be important for determining the union’s leverage when it seeks to negotiate a contract. Under the law, an employer is obligated to bargain with a union in good faith, but there is no requirement that it actually agree to a contract, and the consequences of failing to bargain in good faith are limited.“The incentives to resist bargaining are significant for the employer,” said Kate Andrias, a labor law expert at Columbia Law School. “If workers are able to win a good contract, it sets a precedent.”Professor Andrias said that the ability to win a contract in such situations often hinged on the amount of economic pressure the union can exert, and that having a second unionized store could help in this regard.Ms. Eisen, the worker at the store that unionized, said at the news conference that the workers would like to “offer the olive branch to the company and say, ‘Let’s put this behind us.’” She added: “Now is the time, let’s get to the bargaining table as quickly as possible.”Starbucks has faced other union campaigns over the years, including one in New York City in the 2000s and one in 2019 in Philadelphia, where it fired two employees involved in organizing, a move that a labor board judge found unlawful. The company appealed the ruling and a decision is still pending.Neither of those campaigns succeeded, but workers are unionized at Starbucks stores owned by other companies that operate them under licensing agreements. And workers at a company-owned store in Canada recently unionized.A handful of the company’s early stores in Seattle appear to have had a union and were represented by the United Food and Commercial Workers in the 1980s. The union was later decertified. More

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    Starbucks Workers at 3 More Buffalo-Area Stores File for Union Elections

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    One day before ballots were scheduled to go out to workers at three Buffalo-area Starbucks in a vote on unionization, workers at three other stores in the area filed petitions with federal regulators on Tuesday requesting elections as well.The coming vote is significant because none of the nearly 9,000 corporate-owned Starbucks stores in the United States are unionized.On Monday, Starbucks filed a motion to stay the mailing of ballots while it appeals a ruling by a regional official of the National Labor Relations Board setting up separate votes at the three locations where workers initially filed for elections. The company wants all of the roughly 20 Buffalo-area stores to vote in a single election, an approach that typically favors employers.The first three stores filed for union elections in late August, and Starbucks dispatched managers and more senior company officials to the area from out of state in the weeks that followed in what it said was an effort to fix operational issues.The union has complained that the out-of-town officials are unlawfully intimidating and surveilling workers and filed an unfair labor practice charge making this accusation last week. The union also contends that Starbucks transferred in or hired a number of additional employees at two of the three stores to dilute union support.The so-called packing of a workplace before a union election is unlawful if bringing in new workers serves no legitimate business purpose and if the employer has reason to believe that the new workers will oppose a union. Starbucks has said the additional workers are needed to deal with staffing shortages.The Starbucks workers who support unionizing are seeking to join Workers United, an affiliate of the Service Employees International Union. The union says there are 31 to 41 eligible employees at each of the three locations filing the new petitions. It is seeking elections at each of them on Nov. 30.Starbucks has maintained that individual stores should not hold separate elections because its employees can work at multiple locations and because it largely manages stores in a single area as a group rather than at a store level.“We believe all of our partners in this Buffalo market deserve the right to vote,” Reggie Borges, a company spokesman, said Tuesday. “Today’s announcement that partners in three additional Buffalo stores are filing to vote underscores our position that partners throughout the market should have a voice in this important decision.” More

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    As Starbucks Workers Seek a Union, Company Officials Converge on Stores

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    A push in the Buffalo area could produce the first union at company-owned stores in the U.S. But backers say moves by management are having a chilling effect.BUFFALO — During her decade-plus at Starbucks, Michelle Eisen says she has endured her share of workplace stress. She points to the company’s increased use of productivity goals, inadequate attention to training and periods of understaffing or high turnover.But she had never encountered a change that the company made after workers at her store and two other Buffalo-area locations filed for a union election in late August: two additional “support managers” from out of state, who often work on the floor with the baristas and who, according to Ms. Eisen, have created unease.“For a lot of newer baristas, it’s an imposing force,” Ms. Eisen said. “It is not an easy job. It should not be complicated further by feeling like you’re having everything you’re doing or saying watched and listened to.”Workers and organizers involved in the unionization effort say the imported managers are part of a counteroffensive by the company intended to intimidate workers, disrupt normal operations and undermine support for the union.Starbucks says the additional managers, along with an increase in the number of workers in stores and the arrival of a top corporate executive from out of town, are standard company practices. It says the changes, which also include temporarily shutting down stores in the area, are intended to help improve training and staffing — longstanding issues — and that they are a response not to the union campaign but to input the company solicited from employees.“The listening sessions led to requests from partners that resulted in those actions,” said Reggie Borges, a Starbucks spokesman. “It’s not a decision where our leadership came in and said, ‘We’re going to do this and this.’ We listened, heard their concerns.”None of the nearly 9,000 corporate-owned Starbucks locations in the country are unionized. The prospect that workers there could form a union appears to reflect a recent increase in labor activism nationwide, including strikes across a variety of industries.According to the National Labor Relations Board, union elections are supposed to be conducted under “laboratory conditions,” in which workers can vote in an environment free of intimidation, in an election process that is not controlled by the employer.Former labor board officials say the company’s actions could cause an election to be set aside on these grounds should the union lose.“You could say it’s part of an overall series of events that seems to create a tendency that people would be chilled or inhibited,” said Wilma B. Liebman, a chairwoman of the board during the Obama administration.A labor board official recently recommended that a union election at an Amazon warehouse in Alabama be overturned for similar reasons, but Mr. Borges said Starbucks did not believe anything it had done would warrant overturning an election.Starbucks has faced union campaigns before, including efforts in the early 2000s in New York City and in 2019 in Philadelphia, where the firing of two employees involved in union organizing was deemed unlawful by a labor board judge. Starbucks has appealed the ruling.Though none of the campaigns were successful in this country, a Starbucks-owned store in Canada recently unionized, and some stores owned by other companies that have licensing agreements with Starbucks are unionized.Many of the ways Starbucks has responded in Buffalo — where union backers seek to become part of Workers United, an affiliate of the giant Service Employees International Union — are typical of employers. The measures include holding meetings with employees in which company officials question the need for a third party to represent them.Starbucks is also seeking to persuade the labor board to require that workers at all 20 Buffalo-area stores take part in the election, rather than allow stores to vote individually, arguing that employees can spend time at multiple locations. (Union organizers typically favor voting in smaller units to increase the chance of gaining a foothold in at least some locations.) The board is likely to rule on this question and set an election date in the coming weeks.But some of the company’s actions during the union campaign are unorthodox, according to labor law experts. “A huge increase in staffing, shutting down stores, it’s all unusual,” said Matthew Bodie, a law professor at St. Louis University who is a former labor board attorney.Michelle Eisen, a Starbucks worker in Buffalo, said the sudden presence of managers from out of state created unease among many employees.Libby March for The New York TimesA recent visit to a Starbucks near the airport, where workers have filed for a union election, turned up at least nine baristas behind the counter but only a handful of customers.“It’s insane,” said Alexis Rizzo, a longtime Starbucks employee who has been a leader of the organizing campaign at the store. “Even if you’re just trying to run to the back to grab a gallon of milk, you now have to run an obstacle course to fit between all the folks who have no real reason to be there.”Ms. Rizzo said the number of employees in the store at once — which she said had run into the teens — made those who predate the union election filing feel outnumbered and demoralized. “It’s intimidating,” she said. “You go to work and it’s just you and 10 people you don’t know.”Starbucks said the additional personnel were intended to help the store after an uptick in workers who were out sick.Some of the additional employees have come to the airport location from a nearby store that Starbucks recently turned into a training facility. That store does not have an election petition pending, but many of its workers have pledged support for the union effort, and some feel separated and disoriented as well.“Initially, people thought our store could use a little reset,” said Colin Cochran, a pro-union employee at the store that was turned into a training facility, who has mostly been assigned to other locations since then. “As it’s dragged out and we’re getting sent to more and more other stores, it’s been frustrating. We want to see each other again.”Workers said their anxiety had been heightened by the sudden appearance of new managers and company officials from out of town.In a video of a meeting in September, a district manager in Arizona tells co-workers that the company has asked her to spend time in Buffalo over the next 90 days. “There’s a huge task force out there that’s trying to fix the problem because if Buffalo, N.Y., gets unionized, it will be the first market in Starbucks history,” the district manager says in the video, provided by a person at the meeting and viewed by The New York Times. When someone asks if the task force is a “last-ditch effort to try and stop it,” the district manager responds, “Yeah, we’re going to save it.”Will Westlake, a barista in a Buffalo suburb called Hamburg, where workers have also filed for a union election, said a store log showed that several company officials from outside the Buffalo area had been to the store during the past six weeks. Included were at least seven visits from Rossann Williams, Starbucks’ president of retail for North America.The officials sometimes work on laptops facing the baristas, sometimes join them behind the bar to work and inquire about the store, and sometimes perform menial tasks like cleaning the bathroom, Mr. Westlake said. He said that many of his co-workers felt intimidated by these officials and that he found the presence of Ms. Williams “surreal.”Starbucks said that many of the officials were regional leaders and coaches who were helping to solve operational issues and remodel stores, and that they were part of a companywide effort dating to May, when Covid-19 infection rates declined and stores across the country got busier.“The resurgence of business came so fast we were not prepared,” Ms. Williams said in an interview.Colin Cochran was among the pro-union workers at the Starbucks store that was turned into a training facility.Libby March for The New York TimesThe company says that it has added staffing in a number of cities beyond Buffalo, especially in the Midwest and the Mountain West, and that it brought on an additional recruiter in each of its 12 regions in the spring to expedite hiring. It said it had turned about 40 stores around the country into temporary training facilities.On a Saturday in October, Ms. Williams visited the training store, saying little as she stood behind a group of workers while a trainer instructed them at the bar.Later, seated outside the store to discuss her work in Buffalo, she waved off the idea that temporarily shutting down a store or making other significant changes might compromise the union election’s laboratory conditions.“If I went to a market and saw the condition some of these stores are in, and I didn’t do anything about it, it would be so against my job,” she said. “There’s no way I could come here and say I’m not going to do anything.” More