Judge issues nationwide order barring Starbucks from firing union supporters

A federal judge has issued an order to bar Starbucks from firing workers who are trying to unionize and order the company to rehire an employee who alleges she was fired over union organizing. 

U.S. District Judge Mark Goldsmith ruled on Friday that Hannah Whitbeck, who was fired from her position as a shift supervisor in April, must be offered her position on an interim basis or a “substantially equivalent position” if her original post no longer exists without any prejudice to the rights and privileges she previously had. 

Whitbeck contended in a lawsuit that she was fired because of her involvement in labor organizing. Starbucks argued that Whitbeck was fired because she left work early on one occasion and forced another worker to manage a store alone for 20 to 30 minutes. 

Goldsmith found that there was reasonable cause to believe that Starbucks violated the National Labor Relations Act. Whitbeck was represented by Elizabeth Kerwin, the regional director for the seventh region of the National Labor Relations Board (NLRB), which protects private employees’ rights to unionize. 

Kerwin argued that Starbucks was aware of Whitbeck’s union activities and that the company violated its own policies in firing her instead of issuing her a warning. Starbucks argued that Whitbeck could not point to another case of an employee in a similar situation who was given a final written warning for violating the rule that at least two workers must manage a store at once. 

Goldsmith did not rule on weighing the two sides’ arguments of the facts, but he found that Kerwin’s argument was sufficient to prevail at this stage of the case. He said in his ruling that “facts exist which could support” the theory of liability of Starbucks that Kerwin established. 

He ruled that Starbucks cannot interfere with, restrain or coerce any employees who are exercising their rights to unionize at any store in the United States. 

The company must also post physical copies of Goldsmith’s order at its store in Ann Arbor, Mich., where Whitbeck worked, to communicate the decision to employees, according to the ruling. 

The order also must be read at a mandatory meeting for all employees to hear. Starbucks must file an affidavit declaring that it has complied with the ruling of the court within 21 days of the order being issued. 

Starbucks Workers United, which has been organizing at several locations, said in a statement that NLRB regional offices have alleged that the coffee giant has fired more than 60 union leaders throughout the country as retaliation for exercising a “fundamental right” to organize a union, causing some to lose their income, health care and housing.

“This decision highlights the necessity of a national remedy to stop Starbucks’ scorched-earth union-busting campaign and hold the company accountable for their actions,” the union said.

A Starbucks spokesperson said Whitbeck was already “proactively” offered an interim reinstatement, which she accepted. They said this makes the NLRB’s argument for an injunction unnecessary.

The spokesperson said the company will seek further review of the opinion and order while the merits of the case are examined.

“We feel the extraordinary measure for injunctive relief prior to a full legal review of the matter is unwarranted and maintain that actions taken were lawful and in alignment with established partner policies,” they said.

Updated: 5:45 p.m.