Starbucks anti-unionization case brought by NLRB narrowed by US appeals court

The 5th U.S. Circuit Court of Appeals has declined to enforce most of a National Labor Relations Board (NLRB) ruling that Starbucks illegally threatened employees with reprisals for attempting to unionize. In a 2-0 decision, the court rejected claims that the coffee chain violated federal labor law when a store manager and assistant manager in Wichita, Kansas, told employees they closed their hiring portal and reduced hours due to union or other protected activities.

The court upheld a finding that Starbucks illegally threatened to deny maternity leave benefits to a pregnant employee if workers unionized. Circuit Judge Stephen Higginson stated that statements regarding the hiring portal and store hours were not threats of reprisal, as a hiring pause did not appear to jeopardize employees' job security.

However, he found substantial evidence that the pregnant employee could reasonably feel that union activities might reduce her benefits.

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