Subject: Coffee Industry Organizing, Another NLRB Burden On Employers: LRI INK

June 6, 2024

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Coffee Klatch: Unionization Among Baristas Remains Volatile

by Michael VanDervort

Update: On June 5th, The Starbucks Workers United union filed 18 additional union election petitions with the NLRB. The stores are located in 14 different states. Workers from the 18 stores co-authored a letter to Starbucks CEO Laxman Narasimhan to announce their organizing push. Workers United and Starbucks Workers United (SBWU) seem to be leveraging the ongoing negotiations to engage in more organizing success against Starbucks.


Employers like Starbucks and Compass Coffee are responding differently to significant unionization efforts among baristas and other employees in the coffee and café industry.


According to various news reports, Starbucks's recent two-day bargaining session in Chicago with the Workers United union yielded a tentative agreement on several issues, such as job protections and support and training for unionized employees. Neither Starbucks nor Workers United disclosed the status of outstanding issues or a timetable for further negotiations.


Workers United, which began its drive to organize Starbucks employees in August 2021, now represents over 10,000 employees at more than 425 locations across 43 states and Washington, D.C. The union aims to establish a foundational framework covering wages, scheduling policies, and healthcare access. Starbucks, with nearly 10,000 stores in the U.S., is also negotiating with other unions, including the International Brotherhood of Teamsters and United Steelworkers.


Despite the reported progress, the unionization effort still presents many significant challenges for Starbucks. The union has accused the company of various unfair labor practices, though Starbucks denies these charges. The drawn-out bargaining process has seen hundreds of complaints filed with the National Labor Relations Board, and resolving these charges is a thorny issue for the coffee giant. Any collective bargaining agreement remains a long way off.


In Washington, D.C., workers at seven Compass Coffee stores have announced their intention to unionize, pressing the chain to end its no-tipping policy and improve benefits and working conditions. Organized under Workers United, the same union leading efforts at Starbucks, 84% of union-eligible employees have signed authorization cards. The National Labor Relations Board requires at least 30% of eligible voters to qualify for a union election.


Compass Coffee employees are pushing for the reinstatement of tipping, which was replaced by a wage bump that they claim reduced their take-home pay. They also seek benefits changes, citing the suspension of 401(k) plans and increased healthcare costs as concerns.


Compass Coffee CEO Michael Haft has committed to addressing employee concerns through constructive dialogue but remains undecided on recognizing the union.


The organizing trend in coffee shop industries has not gone well at other locations around the country where baristas have decided to organize.

In Pittsburgh, Adda Coffee and Tea House employees demanded that the owner recognize their union in January 2024. The business closed all its locations the following day, resulting in 30 employees losing their jobs.


Last month, The Wydown, a Washington, D.C. coffee shop whose workers recently announced plans to unionize, abruptly shuttered both of its locations.

The efforts to organize baristas across the country remain volatile and will not likely ease anytime soon. These efforts are not limited to major chains like Starbucks but include smaller, independent coffee shops nationwide.

These unionization efforts present a complex challenge for employers. While some companies, like Starbucks, are engaging in negotiations, others respond with resistance or even closure, as seen with the Adda Coffee and Tea House and The Wydown.


While unionization among baristas and cafe workers remains volatile, it also presents an opportunity for employers to identify issues and develop positive workplace solutions before facing a union campaign.

Protecting Workers From Union Harassment: The NLRB Piles Another Burden Upon Employers

by Kimberly Ricci

Biden’s NLRB sure loves to create more headaches for companies while favoring unions. A few recent examples include the following: (1) Requiring employers to immediately retool their employee handbooks; (2) Issuing the new Cemex rule that obliges employers to immediately recognize a union or quickly file an RM petition to hold a proper election.

 

Get ready for the next pain in the butt, although this is a pain that has been inflicted during other administrations. The NLRB previously declared that uncivil language on the picket line – conduct that would otherwise be prohibited in a workplace context – was protected for union activists as long as they weren’t threatening workers.

 

What’s old is new again: The Institute for the American Worker (I4AM) released a new report that follows up on Biden’s decision to renominate Lauren McFerran, who has a history of protecting such picket-line conduct.

 

This is the same memo in which Biden hands an advisory position to UAW chief Shawn Fain. It doesn’t take much of a leap to conclude that these nominations show how eager the Biden administration is to hand catch-22 situations to employers as part of his role as “most pro-union President ever’.

 

Consider this: An employer must protect its employees from workplace harassment and discrimination under Title VII of the 1964 Civil Rights Act, as enforced by the Equal Employment Opportunity Commission (EEOC). Yet the NLRB has upheld a conflicting standard favored by McFerran that has allowed derogatory and discriminatory language if it’s uttered during concerted activity under the NLRA. 

 

Employers in a no-win position: The I4AM report quotes union activists’ racist slurs and demeaning rhetoric, including “I smell fried chicken and watermelon” as well as “crack-ho” and “gutter b*****” with the latter caught on video coming from an Amazon Labor Union co-founder. Other offenses include signage that accuses women of exchanging sexual favors in exchange for work promotions.

 

Allowing this conduct under the NLRA defies logic, as previously noted in a previous case by a D.C. Court of Appeals judge, who wrote that such behavior is “flatly forbidden in every other corner of the workplace because it is dangerously wrong and breathes new life into economically suffocating and dehumanizing discrimination.”

 

In 2024, employers find themselves forced to pick a poison pill: 


  • If they act to discipline union activists who engage in harassing and abusive conduct, they could run afoul of Biden’s NLRB and rack up Unfair Labor Practice allegations.

  • If they do not act, an employer could be liable for anti-discrimination lawsuits filed by workers and sanctions from the EEOC.

 

A pause, but at what cost? The NLRB and EEOC have been working on a joint memo that includes guidance on how to navigate picket-line harassment of workers by unions. However, EEOC commissioners have paused the joint memo until a public hearing takes place, and there has been no notice of a hearing, which will likely be postponed until a fitting conflict arises.

 

Employers in limbo: Employers now face the burden of not knowing whether the NLRB or EEOC’s standards will be enforced when moving to protect their own employees. Committee on Education and the Workplace Chair/Rep. Virginia Foxx blasted this dilemma in a letter criticizing how “the Biden administration’s insistence on appeasing labor unions takes precedence over protecting workers from harassment.” 

 

It’s not a fantastic look in the land of opportunity.

Mercedes Strategy Recap: How An Automaker Warded Off The UAW

by Kimberly Ricci

In mid-May, Shawn Fain’s endless bravado hit a wall when Mercedes workers rejected United Auto Workers (UAW) membership in Alabama. This cast a shadow over a mass-organizing effort in the South, where the union apparently felt too confident after their victory at a Volkswagen plant. Fain claimed that 70% of workers signed union authorization cards at two Mercedes plants. Yet a majority of these workers declined what the union was selling. Why?

 

A bit more context: the vote went Mercedes’ way, 56% to 44%, with around 90% of 5,200 workers participating. Unironically, Fain insists that the Mercedes election was not “a fair fight” – after he became UAW president in a questionable runoff in which less than 13% of members cast ballots due to alleged voter suppression – but let’s look at how the company won:

  • Change In Leadership: On May 1st, Mercedes installed Federico Kochlowski as the new president and CEO of Mercedes-Benz U.S. International (MBUSI), replacing Michael Göbel. Kochlowski urged workers to give him a chance, and it seems to have worked.

  • UAW On Autopilot: Fain conducted the campaign mainly via digital means without investing much on-the-ground manpower. Perhaps Fain should spend less time taking rock-star selfies and accepting an advisory position from President Biden and more time focusing on a job that pays him $228,000+ annually. Just a thought.

  • In the workers’ words: Choice quotes include “Federico has been a positive influence… It was all production-driven before him; he’s more about the team members. He’s willing to change” and (from a team leader who believed that a union would lead to layoffs) “If it’s not broke, don’t rock the boat.”

  • Detroit Contract Fallout: Fain previously promised to insulate Ford, GM, and Stellantis workers from layoffs while using the “stand-up strike” to strong-arm companies into financially unsustainable new contracts. Predictably, this led to job losses, especially at Stellantis, where workers called out the union’s lies. Surely, Mercedes workers were paying attention.

  • Icing On The Cake: Mercedes hosted legendary NFL coach Nick Saban to discuss workers’ concerns. Saban also asked the UAW to cease twisting his remarks to support their unionization drive. Why did the UAW do that? Your guess is as good as ours. Saban owns a handful of Mercedes-Benz dealerships, so it only makes sense he would not want a union interfering in his business.

 

The Union Cleanup: Curiously, Fain decided last week to assume oversight of the UAW’s Stellantis Department, thereby removing fellow "reformer" VP Rich Boyer from those responsibilities. This feels like obvious damage control, and Michigan’s Stellantis stamping plant is also a sore spot for workers, who recently authorized a strike over safety issues.

 

Fain is taking some heat for denigrating workplace democracy in a new full-page ad that is running this week in the New York Times.

 

Additionally, the UAW has curiously petitioned for a new election rather than a Cemex bargaining order, accusing Mercedes of unfair labor practices during the campaign. If the NLRB doesn’t approve a redo, the UAW can try to organize the Alabama Mercedes plants again in a year. Keep your supply of popcorn ready.

Who was it...? | Approachability Minute with Phil Wilson

by Michael VanDervort

Welcome to another Approachability Minute with Phil Wilson!


In this quick segment, Phil poses a thought-provoking question: "Who put the idea in your head that you would be successful at your job or as a leader?" It's a simple yet profound inquiry that invites us to reflect on our own journeys and the influences that have shaped our careers.

Think back to the person or people who believed in you, who saw your potential, and encouraged you to strive for success. Maybe it was a mentor who took you under their wing, a boss who gave you that first big break, or even a family member who always had faith in your abilities. These individuals played a crucial role in shaping your confidence and guiding you towards your goals.


Now, imagine the impact you can have if you become that kind of leader for your team. By being positive and empowering, you can inspire your staff to reach their full potential. It's about creating an environment where people feel valued, supported, and motivated to excel. When you lead with encouragement and belief in others, you cultivate a culture of growth and success.


Phil's Approachability Minute reminds us that leadership is not just about giving orders or managing tasks. It's about nurturing the talents and aspirations of those around us. It's about being the kind of leader who leaves a lasting, positive impression on the people we work with.


So, the next time you interact with your team, ask yourself: Are you the kind of leader who instills confidence and fosters success? Are you the person who plants the idea in someone's head that they can achieve greatness? Embrace the challenge to be that leader and watch your team—and yourself—thrive.

Stories You May Have Missed:


Teamsters Memo Signals Rift Between Major Unions


Boeing’s largest plant in ‘panic mode’ amid safety crisis, say workers and union officials

Link


How Julie Su helped broker union contract in hostile Southern territory

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Another fine-dining star faces unionization, stoking fears of a Starbucks-like organizing blitz

Link


Amazon Labor Union moves to affiliate with the Teamsters union amid struggles

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About Labor Relations INK

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Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


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About Labor Relations Institute

LRI exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 41 years, LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

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