NLRB action against Starbucks signals increased union risk for all employers

The National Labor Relations Board (NLRB) is seeking injunctions against Starbucks Coffee Company that, if granted, would transform its employees who support a union into “sacred cows.” The injunctions would require the employer to immediately reverse discipline for misconduct without having any opportunity to prove the company’s action was justified and unrelated to the individual’s union support.

The NLRB litigation isn’t unique to Starbucks. Rather, it’s part of a nationwide initiative to support union organizing efforts. It follows Board General Counsel (GC) Jennifer Abruzzo’s earlier announcement that she plans to restrict “captive audience” meetings (where employers can educate their workforce about unions) and act to deny employers and workers alike a guaranteed secret-ballot election before workers lose their voice to a union.

Impact on employers

Does the NLRB’s aggressive support for union organizing put your workforce at risk? The answer requires “getting into the weeds” of how union organizing usually begins and how the Board is supporting the efforts.

NLRB injunctions need to be understood in the union organizing context. Most organizing begins with a small number of disgruntled workers—sometimes only one. They secretly seek out a union.