Strange Bedfellows: The ‘Why?’ Of Josh Hawley’s Pro-Labor Framework: LRI INK

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Subject: Strange Bedfellows: The ‘Why?’ Of Josh Hawley’s Pro-Labor Framework: LRI INK

January 15, 2025

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Can Starbucks Workers United Close the Deal? Wilma Liebman Suggests It May Be Time for a Rethink

by Michael VanDervort

Starbucks Workers United (SBWU) struggles to finalize its first collective bargaining agreement (CBA) with Starbucks. Despite representing workers at around 500 locations and more than a year of contentious negotiations, the union has yet to deliver a first collective bargaining agreement. This has fueled frustration among its members and raised questions about its bargaining team’s effectiveness.

Wilma Liebman, former chair of the National Labor Relations Board (NLRB), weighed in on the impasse with remarks that cast doubt on the union’s ability to succeed. While acknowledging earlier progress, she didn’t hold back: “What they could use is some extra oomph and extra skill in helping them get over the hurdles and close the deal.”

Liebman’s comments seem to throw some shade at a union under intense pressure to deliver. Is this a reality check for SWU or a subtle suggestion that its bargaining team is failing?

A Stalemate That Won’t Budge

Negotiations between Starbucks and SBWU broke down late last year, primarily over issues related to pay and benefits. The union demanded a $20/hour minimum wage, annual raises, and fully employer-paid healthcare. Starbucks countered with more modest proposals, labeling SWU’s demands economically unsustainable.

The stalemate recently escalated when SBWU filed 34 new complaints with the National Labor Relations Board, accusing Starbucks of retaliatory firings and bad-faith bargaining. Meanwhile, Starbucks claimed the union had walked away from negotiations. “We’re ready to continue negotiations when the union is ready to return to the bargaining table they walked away from,” the company said in a statement.

Michelle Eisen, a Buffalo barista and SBWU organizer, reflected on the workers' frustration: “We’re ready to do what it takes to show the company the consequences of not keeping their promises to baristas.”

Management’s Advantage

From Starbucks’ perspective, the impasse presents an opportunity to maintain strategic control. Prolonged delays could weaken SWU’s standing with its members, especially if the union fails to secure a first CBA—a critical milestone for any organizing campaign.

As Liebman suggested, Starbucks could bolster its image as a cooperative negotiator by agreeing to mediation. Such a move would reinforce the company’s willingness to engage while highlighting SWU’s struggles to close the deal.

Challenges for SBWU

Liebman’s critique points to a larger issue: First-time CBAs are difficult to secure, and SWU faces significant challenges. While the union gained momentum organizing stores in 2022 and 2023, its inability to turn those wins into contracts risks undermining its credibility. Workers who supported unionization may begin to lose faith in SBWU’s ability to deliver on its promises. SBWU risks becoming another cautionary tale in the labor movement without securing a first CBA.

The Path Forward

Starbucks’ focus should remain on balancing operational stability while maintaining its reputation. Mediation offers a path to reset negotiations without conceding to unsustainable demands. For SWU, the challenge is clear: regroup, rethink, and demonstrate that its leadership has the skills to overcome these hurdles.

As Liebman said, “Rather than have this fester, I think it’s crazy not to look for some way to get it back on track and get the deal closed.” Whether Starbucks Workers United can rise to the occasion—or prove Liebman’s critique correct—remains an unanswered question.

Blog Post

Introducing the Managing During Status Quo: Bargaining for a First Contract Podcast Series

by Michael VanDervort

Negotiating a first labor agreement is among the most complex challenges a company can face—especially in today’s environment of aggressive union organizing. This is uncharted territory for many organizations, and the stakes are high. Preparation, strategy, and execution are key to navigating this intricate process successfully.

To help businesses manage this challenge, we’re excited to announce the Managing During Status Quo Series: Bargaining for a First Contract. This video podcast series provides actionable guidance and expert insights to prepare your team for effective collective bargaining.

What You’ll Learn in the Series

Each episode dives into essential strategies for navigating a unionized environment and negotiating a first contract. Here’s a preview of the topics covered:

Preparation: Equip your team and educate supervisors to thrive in a unionized environment.
Research and Proposals: Learn how to conduct thorough research and draft proposals that set the foundation for successful bargaining.
Strategy Development: Build winning strategies for the bargaining table, ensuring alignment between company goals and negotiation tactics.
Communication: Master the art of effective internal communication with employees and externally with the union and other stakeholders.
Strike Preparedness: Gain insights on managing potential strike scenarios to minimize disruption.

The series features insights from industry experts, including seasoned labor relations consultants and communication specialists who have guided organizations nationwide through the collective bargaining process.

Episode Spotlight: Navigating the First Two Weeks Post-Election

In this episode of The Left of Boom Show, host Phil Wilson collaborates with LRI Consulting Services Inc. consultant Dave Sapenoff to outline the critical first steps after a union election. Whether your team has won or lost the election, maintaining the status quo and preparing for negotiations are essential to effective management.

Key Takeaways:
✅ Understanding what the “status quo” means and why it’s critical.
✅ Immediate post-election steps to set the stage for successful negotiations.
✅ Balancing management authority with labor law compliance.
✅ Communication strategies to maintain transparency and manage expectations.
✅ Proactive conflict prevention and disruption management strategies.
✅ Strike preparation tips to ensure business continuity.

This episode is packed with actionable advice to help managers navigate the complexities of a unionized workplace confidently.

Episode Spotlight: Crafting a Winning Collective Bargaining Plan: Strategies for Success

In this installment, Phil Wilson and Gail Wolfe from LRI Consulting Services Inc. explore how to develop and implement a comprehensive project plan for collective bargaining. Whether you’re preparing for your first negotiation or refining your current approach, this episode offers practical strategies for effectively covering every aspect of the bargaining process.

Key Takeaways:
✅ Creating an effective timeline and task list for negotiations.
✅ Coordinating with legal and HR teams to ensure seamless execution.
✅ Monitoring progress and adapting plans to overcome challenges.
✅ Crafting a comprehensive bargaining strategy that aligns with organizational goals.

Why This Series Matters

Negotiating a first contract isn’t just about reaching an agreement; it’s about setting the tone for your organization’s relationship with the union and maintaining operational excellence. The Managing During Status Quo Series empowers managers with the tools they need to lead confidently through this critical period.

Stay tuned as we release episodes packed with expert insights and actionable advice to guide your team through every step of the bargaining process.

👉 Follow The Left of Boom Show for updates, and make sure you don’t miss a single episode!

View Vidcast

SEIU And AFL-CIO Are Circling The Wagons: Re-United, And It Feels So Weird

by Kimberly Ricci

With Trump 2.0 on the way, major changes will be coming to the NLRB for workers, companies, and the unions that seek to come between them. Trump can replace retiring board members with more business-friendly members and fire administrative judges. General Counsel Jennifer Abruzzo will also undoubtedly be supplanted early in the process, if not on day one.

So sure, the Board’s swing at reality TV was probably a message to the incoming president, but that jovial mood didn’t last long. Big Labor tensions are simmering, which has led to remarriage after a 20-year divorce.

The Reunion: The SEIU and AFL-CIO announced last week that they have rejoined forces while insisting, rather flimsily, that this is not a political move. This ends a two-decade divide that began in 2005 when the SEIU and Teamsters departed from the established labor federation while taking 3.2 million members and forming the Change To Win federation.

The ugly split involved the departing unions criticizing the larger federation for deprioritizing organizing campaigns. The SEIU also took the position that the AFL-CIO didn’t devote enough resources to service industries, but that’s water under the bridge now. With the SEIU’s return to the federation, AFL-CIO membership will climb from 12.5 to 14.5 million.

Times have changed: While the SEIU has been away, the union has expanded from focusing on service/hospitality workers and the public sector to include healthcare workers of all stripes and baristas. The SEIU also established affiliations with Starbucks Workers United (SWU) and the Union Of Southern Service Workers (USSW). The SEIU followed up the Fight For $15 movement by lobbying for California’s fast food workers to receive $20 per hour wages. Other than that final item, however, those aren’t slam-dunk accomplishments… yet.

The SWU still hasn’t finished bargaining for a first contract. Nor has the USSW nabbed their “white whale” of unionizing Waffle House. Whether or not rejoining the federation will help with these goals, nobody can predict, but the AFL-CIO would love the clout in pulling those difficult goals off, so it does sound believable when AFL-CIO President Liz Shuler asserts that this reunion “was a natural evolution out of many years of conversations.”

The timing of this reunion, though, should not be ignored. It’s at least partly a response to the coming downturn in administrative support for labor unions that will exist during the coming Trump presidency.

The officially stated goal: The SEIU and AFL-CIO plan to combine power for collective bargaining and to “drive multi-union, multi-sector organizing campaigns; coordinate strategy; maximize resources and capacity; and learn from their collective successes and challenges.”

The Teamsters twist: Union President Sean O’Brien has not made a statement on the remarriage. The Teamsters are, however, not involved and are sticking with the Strategic Organizing Center (a rebrand of Change To Win), which is targeting mega-companies including CVS Health and Amazon. The Teamsters are also reportedly involved with a push by Sen. Josh Hawley (R-MO) for a “pro-worker framework” for labor issues. We will talk more about that topic later this week, but it’s worth stressing that, as with SEIU and AFL-CIO, upheaval can lead to strange bedfellows.

Blog Post

Strange Bedfellows: The ‘Why?’ Of Josh Hawley’s Pro-Labor Framework

by Kimberly Ricci

We recently discussed the weirdness of the SEIU and AFL-CIO reuniting 20 years after an ugly public split ahead of Trump 2.0 and a major NLRB overhaul. That remarriage between a union and labor federation did not include one of the original divorce parties, the Teamsters.

If you were wondering whether the Teamsters were sitting out that drama, Sean O’Brien has other shenanigans at work, as organized labor repositions itself for a new era of labor policy.

In addition to declaring illusory strikes, O’Brien has been nursing relationships with the GOP. Remember last fall when he spoke at the RNC, and some wondered if he was angling for a Trump cabinet position? He is now tight with Senator Josh Hawley (R-MO). Not too long ago, Hawley appeared to be a conservative figure in danger of losing mainstream GOP support, but lately, he has hopped aboard the union train. It’s a lot to take in.

Hawley and the Teamsters have recently collaborated on a proposed “pro-worker framework.” The full text of this proposed legislation isn’t available to the public but was briefly summarized by Punchbowl News, which reported that Hawley is circulating the document to GOP colleagues with the following goals:

Banning so-called “captive audience meetings;
Requiring employers to post about workers’ rights to collectively bargain publicly;
Mandating quickie elections within 20 business days of filing a petition;
Requiring employers to negotiate with a union within 10 days after election results arrive;
Imposing greater penalties and remedies for NLRA violations;
Boosting penalties and remedies for committing unfair labor practices;

It is surprising and disturbing to see this type of labor reform proposed by a Republican senator. Hawley’s romance with the Teamsters has been brewing for a minute. Last year, the union donated to Hawley’s campaign for reelection, and he picketed with the Teamsters during a strike against Greybar Electric. He was also criticized for “pandering” to Big Labor by suddenly speaking out against Right To Work in an apparent effort to win union members’ votes.

Whether or not Hawley truly believes in his new reforms, he’s selling his new wares as hard as possible and did win Senate reelection, so whatever he is doing worked for him in a state where Republicans were more receptive than average about O’Brien cozying to the GOP.

The act continues. In a new op-ed entitled “The Promise Of Pro-Labor Conservatism,” Hawley praised O’Brien for his work on a “roadmap” for labor. In doing so, Hawley also bashed his fellow GOP lawmakers who “have stupidly gone along with the suits,” in his words.

This situation illustrates why employers cannot rely on lawmakers to defend their right to run their businesses as they see fit. It’s another reason for companies to remain vigilant about unions and stay transparent with workers to counter the threat of Big Labor.

Blog Post

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About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.

If you use content from this newsletter, please attribute it to Labor Relations Institute and include our website: http://www.LRIonline.com

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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Subject: Strange Bedfellows: The ‘Why?’ Of Josh Hawley’s Pro-Labor Framework: LRI INK