Starbucks Employee Takes Case Challenging Federal Labor Board Structure as Unconstitutional to Court of Appeals
NY Starbucks workers are challenging NLRB that refuses to let them hold decertification votes to remove unwanted SBWU union
Washington D.C. (June 10, 2024) – Ariana Cortes and fellow plaintiff Logan Karam, two Starbucks employees from New York, are taking their groundbreaking lawsuit against the National Labor Relations Board (NLRB) to the D.C. Circuit Court of Appeals. The lawsuit, initially filed by Cortes, and later joined by Karam, follows NLRB officials’ refusal to process their respective petitions requesting a vote to remove Starbucks Workers United (SBWU) union officials from their workplace.
The lawsuit, filed with free legal aid from the National Right to Work Legal Defense Foundation, argues that the NLRA violates Article II of the Constitution by shielding NLRB Board Members from being removed at the discretion of the President. The appeal challenges the District Court decision that dismissed the lawsuit on the grounds that the plaintiffs lack legal standing. That decision did not address the underlying claim regarding whether the Labor Board’s structure complies with the requirements of the Constitution.
Multiple Starbucks Employees Are Suing the NLRB
On April 28, 2023, Cortes submitted a petition, supported by a majority of her colleagues, asking the NLRB to hold a decertification election at her workplace to remove SBWU union officials’ bargaining powers over workers at the store. However, NLRB Region 3 rejected Cortes’ petition, citing unfair labor practice accusations made by SBWU union officials against Starbucks. Notably, there was no established link between these allegations and the employees’ decertification request.
Similarly, Karam filed a decertification petition seeking a vote to remove the union at his Buffalo-area Starbucks store. Like Cortes’s petition, NLRB officials refuse to allow the vote to take place, citing claims made by SBWU officials. As a result the workers remain trapped under union “representation” they oppose.
Their lawsuit is not the only instance where Starbucks employees are challenging the constitutionality of the NLRB with free legal representation by National Right to Work Foundation staff attorneys. Reed Busler, an employee at the “Military Highway” Starbucks in Shavano Park, TX, brought a similar federal lawsuit against the NLRB in January, contending that the agency’s structure violates the separation of powers. Busler’s petition seeking a vote to remove the SBWU remains pending before the NLRB.
“Workers should never be trapped in union ranks they oppose, and they certainly shouldn’t be trapped on the whims of powerful bureaucrats who exercise unaccountable power in violation of the U.S. Constitution,” stated Mark Mix, President of the National Right to Work Foundation. “Despite the wishes of Big Labor and the NLRB who appear intent on squashing free speech and exercising unfettered power, federal labor law is not exempt from the requirements of the highest law of the land.”
Foundation Lawsuit: Biden NLRB Structure Violates the U.S. Constitution
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Groundbreaking suit filed for Starbucks employee who was denied vote to oust unwanted union bosses
Starbucks employee Ariana Cortes’ Foundation attorney, Aaron Solem (right), is making a cutting-edge argument targeting the NLRB’s lack of accountability.
WASHINGTON, DC – The National Labor Relations Board (NLRB) is supposed to protect the right of workers to freely choose whether to associate with a union or not. The NLRB is also charged with holding unions and employers accountable when they violate worker rights. Too often, however, it has simply acted as an agency that generates policies to entrench union bosses’ power over workers while shielding union bosses from any kind of liability.
A new federal lawsuit from a National Right to Work Foundation-backed Starbucks employee, currently pending at the D.C. District Court, could upend the federal agency and result in a ruling that the current Labor Board’s structure violates the Constitution.
Employee Challenges NLRB Bureaucrats’ Protections from Presidential Removal
Ariana Cortes, a worker at the Buffalo, NY, “Del-Chip” Starbucks branch, hit the NLRB with the groundbreaking lawsuit in October, contending that the federal agency’s current structure violates the separation of powers mandated by the Constitution.
Cortes’ suit follows Foundation attorneys’ defense of her and her coworkers’ petition requesting a vote to remove Starbucks Workers United (SBWU) union officials from their workplace. Regional NLRB officials dismissed Cortes’ majority-backed petition based on SBWU allegations against Starbucks management that have no proven connection to Cortes and her coworkers’ desire for a union decertification vote.
Cortes’ lawsuit argues that because NLRB members cannot be removed at-will by the President, the NLRB’s structure violates Article II of the Constitution. Under Article II, the lawsuit contends, the President must have the power to remove officials that exercise substantial executive power.
Because the NLRB enforces federal labor law, manages union elections, and can issue legally binding rules and regulations, the lawsuit contends that the agency exercises substantial executive power. Therefore, it falls within the scope of the President’s power to remove officials at will. However, the National Labor Relations Act (NLRA), the law that established the NLRB, restricts the President’s ability to remove Board members except for neglect of duty or malfeasance.
“[T]hese restrictions are impermissible limitations on the President’s ability to remove Board members and violate the Constitution’s separation of powers. Thus, the Board, as currently constituted, is unconstitutional,” the complaint states.
Lawsuit: Unconstitutional NLRB Proceedings Must Stop
Cortes’ new federal lawsuit seeks a declaration from the District Court that the structure of the NLRB as it currently exists is unconstitutional.
“For too long the NLRB, especially the current Board, has operated as a union boss-friendly kangaroo court, complete with powerful bureaucrats who exercise unaccountable power in violation of the Constitution,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “The NLRB’s operation outside constitutional norms is easily exploited by Big Labor.”
“But as the story of Ms. Cortes shows, the NLRB’s unchecked power creates real harms for workers’ rights, especially when workers seek to free themselves from the control of union bosses they disagree with,” Messenger added.
Karma Catches Up to SEIU Officials as Philly Coffee Shop Workers Oust Union
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, November/December 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Good Karma Café coffee shop employees vote out SEIU officials also opposed by many Starbucks workers
SEIU officials’ aggressive campaign targeting coffee shop employees across the country for union control is fast unravelling, as workers nationwide are now exercising their right to vote unions out, often with Foundation aid.
PHILADELPHIA, PA – Workers United (WU), the same union that runs Starbucks Workers United (SBWU) unions across the country, has been the subject of considerable media attention for its top-down organizing campaign against Starbucks. Little do people know that WU’s puppet masters at the Service Employees International Union (SEIU) have expended millions of dollars in hiring union activists to agitate for union control at these shops — including “salts,” paid union agents that pose as normal employees but often quit soon after they’ve achieved their actual goal of installing the union.
However, aggressive and deceptive WU union tactics did not stop Marco Camponeschi and his coworkers at two locations of Good Karma Café in Philadelphia from voting out the union with free legal aid from the National Right to Work Legal Defense Foundation.
Camponeschi submitted a petition in August asking the National Labor Relations Board (NLRB) Region 4 in Philadelphia to hold a vote to remove the union. The petition contained signatures from enough of his colleagues to prompt the election, and this September, the Good Karma employees voted to send WU officials packing.
Signs of SEIU “Salt” Tactics in Philly
“After the Workers United union was installed, there was a lot of employee turnover, and we soon found ourselves very short-staffed,” Camponeschi commented before the vote. Employee turnover after a union’s installation often indicates “salts” may have been present.
Pennsylvania, because of its lack of Right to Work protections for its private sector employees, permits union officials to make deals with employers that require workers to pay union dues just to stay employed. So by nixing the union, Camponeschi and his coworkers ended both forced union representation and the threat of forced dues. In states with Right to Work laws, in contrast, union membership and all union financial support are strictly voluntary and the choice of each individual worker.
Coffee Workers Leading Nationwide Charge to Boot Out Unwanted Unions
Since the beginning of this year, Starbucks employees in Manhattan, NY; Buffalo, NY; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Oklahoma City, OK; and Greenville, SC, have all sought free Foundation legal aid in pursuing decertification efforts against Workers United union bosses at the NLRB.
Outside of coffee shops, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort than their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show that the number of worker-filed decertification petitions has increased each of the last three years.
“Workers United union officials seem to have a penchant for trying to expand their control over employees without regard for the employees’ interests,” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “So it’s unsurprising that coffee employees nationwide are banding together to vote Workers United out.
“While we’re glad the Good Karma employees were able to successfully exercise their right to oust the unwanted union, it should be noted that NLRB officials across the country are blocking Starbucks employees from exercising that same right at the behest of Workers United union officials,” Messenger added. “Workers should be allowed to vote out unwanted unions, and the NLRB should not stifle that right based on union officials’ whims. That’s especially important as the Biden NLRB seeks to make several rule changes which will make it harder for workers to vote out union officials.”
Second Group of Philly Ultimo Coffee Employees Successfully Remove Unwanted “Workers United” Union
Employees submitted nearly unanimous petition seeking union decertification vote, become fourth recent group of Philly coffee workers to kick out unwanted union
Philadelphia, PA (January 18, 2024) – Ultimo Coffee employee Jacob Johnston and his coworkers have successfully removed unwanted “Workers United” (WU) union officials from the Southwest Center City location of the coffee shop. Johnston and his coworkers’ effort, which comes on the heels of WU’s ouster by employees at Ultimo’s Germantown-area shop, received free legal aid from the National Right to Work Foundation.
Johnston initiated the effort by filing a petition earlier this week asking the National Labor Relations Board (NLRB) to hold a vote to remove the union among his colleagues. The petition contained signatures from nearly all the employees (“full-time and regular part-time Baristas, Bakers, Coffee Quality Managers, Inventory Coordinators/Baristas, and Trainers”) at the shop, greatly exceeding the required threshold to trigger a union decertification vote under federal law. However, before the NLRB could schedule a vote, union officials instead filed a “disclaimer of interest” in continuing their control of the store, likely to avoid an embarrassing loss at the ballot box. Pending the NLRB’s approval of the disclaimer, Johnston and his colleagues are free of the union.
Because Pennsylvania lacks Right to Work protections for its private sector workers, WU union bosses could compel Johnston and his coworkers to pay union dues and fees as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary. However, in both Right to Work and non-Right to Work states, union officials are empowered by federal law to impose union representation on all employees in a work unit, including those who oppose the union. A successful decertification vote strips union officials of that monopoly power.
“Workers United union officials have had over a year in power in our workplace, and in that time have made it increasingly clear that our interests are not aligned,” commented Johnston. “That’s why we’re joining other Ultimo employees in exercising our right to remove this union.”
Coffee Employees Across Philly and U.S. Seeking Freedom from Union Control
Johnston and his colleagues join Starbucks workers and other coffee employees across the country in banding together to oust the WU union (also referred to as “Starbucks Workers United,” or SBWU), which has targeted coffee shops nationwide for unionization. WU’s unionization activities are funded and directed in significant part by the large Service Employees International Union (SEIU).
Within the last year, Starbucks employees in Manhattan, NY; two Buffalo, NY locations; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Greenville, SC; Oklahoma City, OK; and San Antonio, TX, have all sought free Foundation legal aid in navigating NLRB processes to decertify the WU union. Workers from a Center City Starbucks in Philadelphia are also pursuing a decertification petition against WU with Foundation legal assistance.
Coffee employees in the Philadelphia area have scored a string of recent victories in removing unpopular union officials. In May 2023, workers at Guava and Java’s location at Philadelphia International Airport successfully voted to oust UNITE HERE union officials, and a few months later Good Karma Café employees cast ballots to remove the WU union. This month, Ultimo Coffee barista Samuel Tarasenko and his colleagues successfully forced WU out of the coffee shop’s Germantown-area location.
Many workers targeted by this campaign are demanding decertification votes roughly one year after a WU union was installed at their store, which is the earliest possible opportunity afforded by federal law to do so.
WU Officials Using Legal Maneuvers to Stop Coffee Employees from Removing Union
Unfortunately, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unverified charges. Currently, WU union officials are attempting to block Starbucks workers nationwide (including at the Center City Starbucks in Philadelphia) from exercising their right to decertify the union by filing a blizzard of charges against company management.
“The ‘Workers United’ union’s aggressive unionization campaign may have generated plenty of headlines, but the growing number of decertification efforts by coffee workers in Philadelphia and around the country demonstrates that many rank-and-file workers have come to the conclusion that remaining unionized is contrary to their best interests,” commented National Right to Work Foundation President Mark Mix. “While it’s encouraging that some coffee shop employees have been successful after fighting for their right to remove WU union bosses, others are being trapped by union legal tactics which only demonstrate further that the union is more concerned with maintaining power than respecting worker rights.”
“Workers who encounter coercive maneuvers from WU union officials should contact Foundation attorneys for free legal aid in defending their free choice rights,” Mix added.
Philadelphia Ultimo Coffee Workers Win Bid to Remove So-Called “Workers United” Union
Ultimo employees are third recent group of coffee shop workers in Philly to kick out an unwanted union, as Center City Starbucks workers await vote to remove SBWU
Philadelphia, PA (January 8, 2024) – Following Ultimo Coffee employee Samuel Tarasenko’s submission of a petition seeking an employee vote to remove the union, “Workers United” (WU) union officials filed paperwork announcing they will give up control of the Germantown-area coffee shop. Pending certification of the union’s disclaimer of interest, Tarasenko and his fellow Ultimo employees will be free of the control of the WU union.
Tarasenko’s petition, which he filed with free legal aid from the National Right to Work Legal Defense Foundation, contained signatures from a majority of employees at his workplace, more than enough to trigger a vote under NLRB rules. Because Pennsylvania lacks Right to Work protections for its private sector workers, SBWU union bosses can compel Tarasenko and his coworkers to pay union dues as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.
However, in both Right to Work and non-Right to Work states, union officials in a unionized workplace are empowered by federal law to impose a union contract on all employees in a work unit, including those who oppose the union. A successful decertification vote strips union officials of that power. However, WU union officials, likely fearing a losing vote tally, disclaimed interest in the unit of Ultimo employees before a vote could occur.
Coffee Employees Across Philly and U.S. Seeking Freedom from Union Control
Tarasenko and his colleagues join Starbucks workers and other coffee employees across the country in banding together to vote out WU union officials, who have targeted coffee shops nationwide for unionization. This year, Starbucks employees in Manhattan, NY; two Buffalo, NY locations; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Greenville, SC; Oklahoma City, OK; and San Antonio, TX, have all sought free Foundation legal aid in filing or defending decertification petitions at the NLRB.
In Philadelphia, workers at Guava and Java’s location at Philadelphia International Airport successfully voted in May 2023 to oust UNITE HERE union officials, and a few months later Good Karma Café employees voted out WU union officials. Tarasenko and his colleagues are now the third recent group of Philadelphia coffee employees to successfully remove union representation with Foundation aid. Currently, workers from a Center City Starbucks are pursuing a decertification petition with Foundation legal assistance, also against the Starbucks Workers United (SBWU) union.
This growing wave of decertification attempts is occurring after WU union agents engaged in a multi-year, aggressive unionization campaign against Starbucks employees. As part of the campaign, WU (an affiliate of the large Service Employees International Union) spent over $2 million to target the coffee chain with paid union agents – including “salts” who obtained jobs at Starbucks locations with the covert mission of installing union power. After achieving this goal, many “salts” abandoned the stores.
Many workers targeted by this campaign are demanding decertification votes roughly one year after a WU union was installed at their store, which is the earliest possible opportunity afforded by federal law to do so.
WU Officials Using Legal Maneuvers to Stop Coffee Employees from Removing Union
Unfortunately, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unverified charges. Currently, WU union officials are attempting to block Starbucks workers nationwide (including at the Center City Starbucks in Philadelphia) from exercising their right to decertify the union by filing charges against company management.
“While we’re happy that Mr. Tarasenko and his coworkers successfully sent the WU union packing, it’s unfortunate that many others in Philadelphia and across the country are unable to exercise this right due to union legal tactics,” commented National Right to Work Foundation President Mark Mix. “That WU union officials spent millions to extend their power over Starbucks and other coffee employees and are now stopping those same employees from exercising their rights indicates their campaign is about union power, not workers’ concerns.”
“Workers who encounter coercive maneuvers from WU union officials should contact Foundation attorneys for free legal aid in defending their free choice rights,” Mix added.
Starbucks Workers Nationwide Rising Up Against Union Representation
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Foundation provides free legal aid to Starbucks employees looking to remove unions
Mark Mix appeared on Newsmax TV this summer to discuss reports that union bosses spent millions to infiltrate Starbucks workforces with union agitators, many of whom hid their affiliations from their coworkers and even Congress.
WASHINGTON, DC – Union bosses and their bought-and-paid-for political allies like Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez have been touting the unionization of some Starbucks locations as a breakthrough for Big Labor. But Starbucks employees under union control are increasingly realizing the drawbacks of having union bosses in the workplace and are banding together to say “NO” to union power.
In the last few months, employees at Starbucks locations in Manhattan and Buffalo, NY, Pittsburgh, PA, Minneapolis, MN, and Salt Lake City, UT, have all filed decertification petitions at the National Labor Relations Board (NLRB), requesting the agency hold elections at their stores to remove the Starbucks Workers United (SBWU) union. All have received free legal aid from National Right to Work Foundation attorneys.
But SBWU union officials — boosted by operatives from their notorious puppeteer, the Service Employees International Union (SEIU) — are fighting tooth and nail to remain in power at Starbucks locations where workers want them gone.
SBWU union officials are flooding the National Labor Relations Board (NLRB) with unrelated charges of alleged employer wrongdoing in an attempt to stall these decertification petitions.
Starbucks Worker’s Brief Blasts NLRB Double Standard on Elections
In June, Foundation staff attorneys filed a Request for Review with the NLRB in Washington, D.C., as a part of a case for Buffalo Starbucks worker Ariana Cortes. This request asks the Board to reverse an NLRB Regional Director’s order dismissing Cortes and her coworkers’ majority-backed petition for a decertification election on whether to remove SBWU.
The filing emphasizes that the employees want an election to remove a union that lacks the support of a majority of the workers. Employee free choice is a fundamental principle of the National Labor Relations Act (NLRA), and by denying these employees an election, the Board is undermining free choice.
The brief also observes the basis for blocking the vote is contradicted by the NLRB allowing union-backed certification elections to proceed with little or no delay. The result is that the SEIU is like a roach motel, easy to enter but impossible to leave.
Efforts to Boot SBWU Increasing Across Country
“They have treated us like pawns, promising us that we could remove them after a year if we no longer wanted their representation, and are now trying to stop us from exercising our right to vote,” Cortes said of SBWU union bosses. “It’s obvious they care more about power and control than respecting our individual rights.”
Cortes and her coworkers are not the only workers to become disillusioned with SBWU.
Foundation attorneys recently began representing employees at Starbucks branches at Pittsburgh’s Penn Center East, the Mall of America in Bloomington, MN, and Cottonwood Heights in the Salt Lake Valley, UT, who also submitted petitions demanding decertification votes on SBWU union officials.
“SBWU union bosses have not looked out for the interests of me and my fellow employees,” commented Pittsburgh Starbucks employee Elizabeth Gulliford. “We simply want to exercise our right to vote out a union that we don’t believe has done a good job, and both SBWU and Starbucks should respect that right and our final decision.”
The Starbucks employee-led decertification attempts all took place about one year after union power was installed at these stores — meaning workers seized the opportunity to decertify nearly as soon as legally possible. Federal labor law prevents workers from exercising their right to remove an unpopular union for at least one year after the union is installed.
Biden NLRB Propping Up Union Boss Attempts to Squash Votes
“It is becoming increasingly obvious that SBWU officials seek to extend their power over as many Starbucks workers as possible, with little regard for the employees they claim to ‘represent,’” commented National Right to Work Foundation Vice President and Legal Director William Messenger. “And as we’ve seen in Ms. Cortes’ case in Buffalo, Biden NLRB officials are more than willing to indulge union bosses’ legal maneuvers to cling onto power even when workers have clearly had enough.”
“SBWU officials should not seek to disenfranchise the Starbucks workers they claim to ‘represent’ as those workers try to flee the SBWU’s clutches,” Messenger added. “The union officials’ conduct shows why fundamental changes must be made to the NLRB’s election processes to better protect employee free choice.”
Philadelphia Starbucks Workers File Petition Demanding Vote to Remove SBWU Union
Union already voted out by Good Karma Café workers, now union bosses may face second rejection by Philly employees in just months
Philadelphia, PA (November 9, 2023) – An employee of Starbucks at 600 S. 9th St. in Philadelphia filed a petition with National Labor Relations Board (NLRB) Region 4, asking the federal agency to hold a vote at his workplace to remove (or “decertify”) the Starbucks Workers United (SBWU) union. The employee, Michael Simonelli, is now receiving free legal aid from the National Right to Work Legal Defense Foundation in defending his petition.
Simonelli’s petition contains signatures from a majority of employees at his workplace, more than enough to trigger a vote under NLRB rules. Because Pennsylvania lacks Right to Work protections for its private sector workers, SBWU union bosses can compel Simonelli and his coworkers to pay union dues as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary.
However, in both Right to Work and non-Right to Work states, union officials in a unionized workplace are empowered by federal law to impose a union contract on all employees in a work unit, including those who oppose the union. A successful decertification vote strips union officials of that power.
SBWU May Face Second Rejection in Philly as Worker Attempts to Oust Unions Increase Nationwide
Simonelli and his colleagues join Starbucks workers and other coffee employees across the country in banding together to vote out SBWU union officials. This year, Starbucks employees in Manhattan, NY; two Buffalo, NY locations; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Greenville, SC; and Oklahoma City, OK, have all sought free Foundation legal aid in filing or defending decertification petitions at the NLRB. In Philadelphia, workers at Good Karma Café, an independent coffee shop in Philadelphia, successfully voted out the SBWU union in September with Foundation help.
This growing wave of decertification attempts is occurring after SBWU union agents engaged in a multi-year, aggressive unionization campaign against Starbucks employees. As part of the campaign, SBWU spent over $2 million to target the coffee chain with paid union agents – including “salts” who obtained jobs at Starbucks locations with the covert mission of installing union power. After achieving this goal, many “salts” abandoned the stores.
Many workers targeted by this campaign are demanding decertification votes roughly one year after an SBWU union was installed at their store, which is the earliest possible opportunity afforded by federal law to do so.
Outside of Starbucks, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows two consecutive years of increased decertification efforts, with a nearly 30% increase in decertification petitions last year versus 2021.
SBWU Union Officials Doubling-Down on Legal Strategy to Squash Worker Votes
However, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management. Currently, SBWU union officials are attempting to block Starbucks workers nationwide from exercising their right to decertify the union by filing unproven charges.
“SBWU union officials spent big to expand their monopoly bargaining power over Starbucks. Now that they’re witnessing workers resist the union’s agenda and so-called ‘representation,’ they’re manipulating every legal privilege they have to try to stay in power,” commented National Right to Work Foundation President Mark Mix. “In doing so, of course, they’re turning the workers they claim to speak for into prisoners of the union, and trampling their free choice rights.”
“SBWU union bosses may fear that Mr. Simonelli and his coworkers will force them to relive the same kind of rejection they faced at Good Karma Café locations just across Philadelphia, but we at the Foundation will continue to defend his and his coworkers’ rights until their voices are heard at the ballot box,” Mix added.
Philly Good Karma Café Employees Will Soon Vote on Whether to Boot Out Workers United Union Officials
Workers United has been targeted for removal by Starbucks and other coffee employees across country; vote slated for September 7
Philadelphia, PA (August 23, 2023) – Employees at two locations of Good Karma Café, an independent Philadelphia-based coffee shop, are requesting a vote to end the Workers United union’s monopoly bargaining power over workers. Good Karma employee Marco Camponeschi submitted a petition backed by his coworkers to the National Labor Relations Board (NLRB) Region 4 in Philadelphia with free legal aid from the National Right to Work Foundation.
Camponeschi’s petition contained signatures from enough Good Karma workers to trigger a vote to remove the union (or “decertification election”) under the NLRB’s rules. NLRB Region 4 this week scheduled the election to take place on Thursday, September 7, at Good Karma’s locations on 331 S. 22nd Street and 265 S. Broad Street in Philadelphia.
Because Pennsylvania lacks Right to Work protections for its private sector employees, Workers United union officials have the power to enter into an agreement that will compel Camponeschi and his coworkers to pay money to the union hierarchy as a condition of keeping their jobs. In contrast, in states with Right to Work laws, union membership and all union financial support are strictly voluntary and the choice of each individual worker.
The Good Karma employees’ election comes as coffee employees across the country are seeking votes to remove unwanted unions from their workplaces, most notably at Starbucks. Workers United is the same union that is waging an aggressive and high-profile unionization campaign on Starbucks, bolstered by the money and resources of the gigantic Service Employees International Union (SEIU). The New York Post reported in July that Workers United spent nearly $2.5 million on hiring “salts” and other union activists. “Salts” are covert union agents who obtain jobs at nonunion firms to agitate in favor of union control, and often quit soon after the union is installed.
“After the Workers United union was installed, there was a lot of employee turnover and we soon found ourselves very short-staffed,” Camponeschi commented. “Workers United union officials have been bad for the stability of Good Karma and have not stood up for the interests of me and my coworkers, and I’m sure that a majority of my coworkers will vote to move forward without their presence.”
Coffee Employees Nationwide Seek Foundation Aid in Exercising Right to Remove Unwanted Unions
In just the past few months, Starbucks employees in Manhattan, NY, Buffalo, NY, Pittsburgh, PA, Bloomington, MN, Salt Lake City, UT, and Greenville, SC, have all sought free Foundation legal aid in pursuing decertification efforts against Workers United union bosses at the NLRB. Foundation attorneys also assisted Seattle-based Storyville Coffee Company employees in a decertification effort against United Food and Commercial Workers (UFCW) union officials in July, but UFCW bosses disclaimed interest in the unit before an election could occur, likely to avoid an unfavorable election result.
The flurry of decertification attempts at Starbucks is occurring roughly one year after Workers United union officials unionized many of the coffee chain’s employees. Workers United union officials also gained power at Good Karma last April. Federal labor law forbids workers from decertifying a union for a year after a union’s installation, meaning many coffee workers are seizing on the earliest possible opportunity to rid themselves of the Workers United union’s “representation.”
Outside of coffee shops, union decertification efforts are becoming much more common. Currently, the NLRB’s data shows a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021.
“Workers United union officials seem to have a penchant for rapidly expanding their control over employees without regard for their interests,” commented National Right to Work Foundation President Mark Mix. “It is thus unsurprising that coffee employees nationwide are banding together to vote Workers United out.”
“While we’re glad the NLRB plans to hold an election for Good Karma employees, it should be noted that NLRB officials across the country are blocking Starbucks employees from exercising that same right at the behest of Workers United union officials,” Mix added. “Workers should be in charge of their own right to vote out unwanted unions, and the NLRB should not stifle that right according to union officials’ whims. That’s especially important as the Biden NLRB seeks to make several rule changes which will make it harder for workers to vote out union officials.”
Foundation Fights For Starbucks Workers Seeking to Oust Union
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Majority of workers at flagship NYC Starbucks Roastery want decertification vote
NEW YORK, NY – Union bosses and their bought-and-paid-for political allies have been touting Starbucks as the latest and greatest frontier in union organizing. But, as soon as legally permitted after several high-profile Starbucks unionization efforts, workers are already seeking to vote out union officials.
Kevin Caesar, an employee of the high-end Starbucks Reserve Roastery location in Manhattan, sought out Foundation legal aid this May. He sought assistance in submitting a petition backed by a majority of his colleagues to the National Labor Relations Board (NLRB) for a vote to remove, or “decertify,” Starbucks Workers United (SBWU), and their puppet-masters at the Service Employees International Union (SEIU), from the Roastery. Under the National Labor Relations Act (NLRA), workers must wait one year after a union is installed before seeking to remove it, meaning Caesar and his colleagues essentially filed their decertification petition as soon as allowed by the law.
“We have seen our workplace both with and without the union. We believe that the union is looking out for itself more than it is looking out for Starbucks partners, who do not want forced dues and who can advocate for ourselves,” stated Caesar about why he wants to be free of the union.
“That is why a majority of us have decided we would be better off without the union. The fact that the union officials have forced us to go through this decertification process despite the majority of workers stating they do not want to be represented by this union shows how little regard the union has for the will of the workers,” he added. “We call on union officials to respect our rights and not attempt to fight this vote.”
With the petition filed, the NLRB should now promptly schedule a secret ballot election to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers. However, SBWU officials have already announced they will seek to block the vote, a matter Foundation attorneys quickly opposed in a brief to the NLRB.
Worker Dissatisfaction with Unions Growing Nationwide
The Starbucks workers are just the latest example of growing dissatisfaction with union officials’ so-called “representation.” Currently, worker requests for Foundation aid in decertifying an unwanted union are at an all-time high. NLRB statistics similarly show a 20% increase in decertification petitions last year versus 2021.
Unfortunately, the NLRB’s union decertification process is prone to union boss-created roadblocks, which can impact the Starbucks workers if union officials plot to stay in power regardless of workers’ wishes. Foundation-backed NLRB reforms from 2020, collectively known as the “Election Protection Rule,” have made it somewhat easier for workers to escape unwanted union “representation,” by eliminating the most egregious “blocking charge” tactics used by union bosses to delay or stop decertification elections entirely. “Blocking charges” are unverified union boss allegations of employer misconduct, often unrelated to workers’ desire to decertify.
Currently, the Biden-appointed NLRB majority is conducting rulemaking to roll back these protections and make it much harder for workers to decertify a union.
Foundation Provides Legal Notice to Starbucks Employees
After being in contact with multiple Starbucks workers interested in how to resist union control, the Foundation issued a legal notice informing employees of the coffee chain of their right to petition for a vote to oust an unpopular union.
“No worker anywhere should be forced under so-called union ‘representation’ they oppose,” commented National Right to Work Foundation President Mark Mix. “Starbucks workers around the nation that fall victim to union tyranny should know they can turn to Foundation staff attorneys for assistance.”
“Foundation staff attorneys are now fighting to ensure that these workers are not denied the vote that they are entitled to under federal law to remove union control they oppose,” continued Mix. “Union bosses should not be allowed to keep their grip on power simply by disenfranchising those they claim to ‘represent.’”
