https://www.seattletimes.com/business/starbucks-illegally-kept-wages-benefits-from-union-workers/

Starbucks illegally kept wages, benefits from union workers

Sep. 28, 2023 at 5:06 pm

By 

Parker Purifoy

Bloomberg

Starbucks broke federal labor law when it boosted wages and benefits only for workers in non-unionized stores across the United States last year, a National Labor Relations Board judge held.

Thursday’s decision from Administrative Law Judge Mara-Louise Anzalone marks the first nationwide ruling against the coffee giant amid its resistance to a unionization wave that began two years ago. Starbucks violated the National Labor Relations Act in August 2022 by lifting wages to at least $15 an hour and providing benefits such as credit card tipping, increased training, and faster sick time accrual to all stores that weren’t unionized, the judge said.

Starbucks CEO Howard Schultz announced the policy changes six months after workers began organizing with Starbucks Workers United, according to the decision.

“Respondent used its top executive to launch a corporate-wide effort to manipulate its employees’ free choice by conditioning their pay and benefits on their willingness to forgo organizing — a direct attack on the Act’s central goals,” the judge said.

Anzalone ordered Starbucks to compensate thousands of unionized workers for the wages and benefits they were unlawfully denied, in the most expansive ruling against the coffee giant to date.

The 45-page decision is the latest of more than a dozen rulings to go against Starbucks. But it’s the first one to find the company broke the law on a nationwide scale, instead of on a store-by-store basis.

The Starbucks unionization campaign has resulted in nearly 350 organized cafes in 37 states. NLRB lawyers have lodged almost 100 complaints against the company for its response — at least 75 of those complaints are pending before the agency’s judges.

Starbucks has denied all wrongdoing in public statements and to labor board officials. It argued before the judge that giving the pay raises to unionized baristas would have been illegal because federal law prohibits the company from making unilateral changes to union workers’ jobs.

But Anzalone concluded this argument wasn’t lodged in good faith and would require her to presume that Starbucks and its attorneys “so misapprehended basic labor law concepts that it considered itself compelled to deny wage and benefit increases on the basis of employees’ union activities,” she wrote in the decision.

Anzalone held Thursday that the company illegally discriminated against thousands of union workers by withholding the increased benefits and that by doing so it deterred others from joining the organizing effort.

The judge declined to order Starbucks to have managers go through training on the NLRA and to extend the certification year for all unionized stores, as was requested by NLRB attorneys.

She did, however, order CEO Laxman Narasimhan to read a notice of employee rights to U.S. workers and post the notice in every store.

Representatives for Starbucks and the union didn’t immediately respond to requests for comment.

This story was originally published at bloomberg.com. Read it here.