18 Jan 2024

Second Group of Philly Ultimo Coffee Employees Successfully Remove Unwanted “Workers United” Union

Posted in News Releases

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.

8 Jan 2024

Philadelphia Ultimo Coffee Workers Win Bid to Remove So-Called “Workers United” Union

Posted in News Releases

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.

23 Aug 2023

Philly Good Karma Café Employees Will Soon Vote on Whether to Boot Out Workers United Union Officials

Posted in News Releases

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.”