Subject: When Dress Codes Become a Union Issue: Turns Out Pants Are Political: LRI INK

April 17, 2025

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When Dress Codes Become a Union Issue: Turns Out Pants Are Political

by Michael VanDervort

When Starbucks recently updated its dress code, the move sparked criticism from Starbucks Workers United (SWU), adding another layer to a long list of unresolved workplace issues. This wasn’t a strike moment or a headline-grabbing blowup — just a reminder that even small policy changes can become flashpoints in a unionizing environment.


For employers watching from the sidelines, this is worth paying attention to. Not because this one policy change is seismic but because it’s part of a broader pattern that’s becoming more common: ordinary workplace policies being pulled into the spotlight during organizing or bargaining campaigns.


The Policy Change in Question

In early April, Starbucks announced a revised partner dress code intended to create a more consistent customer experience and reduce ambiguity around what’s considered appropriate work attire. According to the company’s official statement, the updated guidelines still allow for personal touches like dyed hair, tattoos, and accessories while refining the rules around clothing colors and visible messaging.


The company says the changes were made in consultation with store leaders and field partners to strike a balance between self-expression and store professionalism. From a business operations standpoint, it’s a pretty standard refresh.


The Union’s Response

Starbucks Workers United responded with a public critique, arguing that the new dress code limits gender expression, fails to reflect the diversity of the workforce, and imposes costs on low-wage workers expected to comply. Their framing connects the dress code to bigger issues like LGBTQ+ inclusion and the CROWN Act, which prohibits discrimination based on hair texture and style.

The union also pointed out that, amid ongoing negotiations at many unionized locations, this change was implemented without agreement, a recurring theme in SWU’s broader critique of Starbucks' approach to bargaining.


What This Signals for Employers

The lesson here isn’t that dress codes are suddenly off-limits. They’re not immune from scrutiny. In organizing campaigns and first-contract negotiations, unions increasingly use workplace policy issues (scheduling, safety, appearance standards) to signal a lack of collaboration or respect from the employer.


 Policy changes may trigger bargaining obligations

In unionized settings, especially after certification, even seemingly minor changes to rules can require prior notice and an opportunity to bargain. Even a well-intended unilateral update can open the door to unfair labor practice claims.


Cultural alignment matters

Dress codes touch on identity. While employers may view these guidelines as operational necessities, employees and unions may interpret them as cultural statements. It’s worth reviewing policies with an eye toward inclusion and flexibility, particularly when working with diverse teams.


Not always about the dress code

In many cases, the real issue isn’t the policy itself — it’s the process. Was the change communicated clearly? Was input gathered where appropriate? In a non-union setting, that’s good employee relations. In a unionized one, it may be a legal requirement.


A Low-Boil Labor Relations Moment

To be clear, this isn’t a watershed moment for labor relations. It’s not the main event. But it’s a good example of how everyday management decisions — the kind companies make all the time — can become bargaining table material when the employer-employee relationship is under a microscope.


In that sense, it’s less about clothing and more about coordination.


Consider these policy aspects when navigating a union campaign or first contract process. A quick internal review and some smart communication can go a long way toward avoiding unnecessary conflict or, at the very least, staying ahead of it.

Check Out Our Community for Labor Relations Professionals on empowER™

by Michael VanDervort

Are you interested in connecting with other labor professionals in a private on-line community? We recently partnered with HR Acuity’s empowER™ community, the leading online community for employee relations professionals, to create a brand-new on-line forum space for labor relations professionals.


More than 125 people have joined in the first month.


empowER™ is an HR community of over 6,500 members, designed to foster collaboration, share strategies and tackle workplace challenges. This partnership brings labor relations professionals into the fold, creating a dedicated space to connect, learn and lead.


Ready to join the conversation? Sign up for free by clicking the button below.

Boycotts, Investigations, And Rebranding: How Companies Are Feeling A DEI Catch-22

by Kimberly Ricci

In the months since Trump issued an executive order (EO) dismantling federal diversity, equity, and inclusion programs (DEI) within the federal government, ripple effects have landed in the private sector. First, Trump called upon the DOJ to look into “potential civil compliance investigations,” and Attorney General Pam Bondi released a memo on how the DOJ will "investigate, eliminate, and penalize illegal DEI” policies. Despite the EEOC issuing more guidance, a grey area still exists regarding the definition of “illegal” in the DEI realm.


This puts employers in a rough spot while the pendulum swings hard, especially for forward-facing companies, and Target is feeling it more than most after scaling back its DEI policies on hiring and training. Only a few years ago, the retailer was targeted by a boycott after selling Pride Month merchandise, and now? The results confirm a difficult climate to navigate.


Boycotts: Two high-profile retailers with similar shopping demographics are feeling very different effects. On one side, Target is in the midst of a 40-day boycott, the so-called “Target Fast,” which is being driven by customers voting with their wallets against the DEI rollback. Whereas at Costco, shareholders overwhelmingly voted to retain the company’s DEI efforts, and it sure looks like plenty of Target shoppers dropped their Red Cards and signed up for a Costco membership.


According to a Placer.ai report, Target suffered a serious drop in foot traffic throughout February and March. Surely, multiple factors contributed to this downswing, including decreasing consumer confidence during economic turmoil. However, it cannot be ignored that Target reportedly lost 9% and 6.5% of their foot traffic during these two months, year over year, while Costco saw their numbers increase by 2.2% and 7.5%.


Retail Brew adds that Target experienced a tenth straight week in declining traffic, including through a recent Target Circle savings week. This outcome might feel particularly jarring after employers expect Trump to be friendlier towards businesses in terms of labor subjects. Yet a general sense of chaos is not helping companies and federal scrutiny also persists.


About Those Investigations: In cooperation with Pam Bondi’s DOJ, the EEOC is currently scrutinizing large law firms, and other federal agencies began civil compliance probes into the DEI efforts and hiring practices of at least 45 companies, including the Walt Disney Company


Additionally, Trump used social media to pressure Apple to “get rid of DEI rules, not just make adjustments” after the tech giant’s shareholders overwhelmingly voted to retain DEI initiatives. Yet Apple is still standing firm, with CEO Tim Cook declaring, "We've never had quotas or targets for Apple. Our strength has always come from hiring the very best people and then providing a culture of collaboration.”


On Rebranding: Some companies aim to ward off scrutiny by switching up their labels. Google has renamed its “chief diversity officer” to “vice president of Googler engagement,” and JP Morgan dropped the word “equity” in favor of “opportunity.” Meanwhile, Constellation Brands, maker of Corona beer, rebranded their DEI team as an “inclusive culture team” while shifting focus from diversity in suppliers to supporting small businesses. 


Takeaways: Employers are in an unenviable position, especially since a hard-swinging pendulum can eventually swing in the opposite direction. Some analysts also theorize that DEI could grow stronger by surviving a volatile legal landscape. As a result, employers would be wise to avoid sudden moves while reflecting upon hiring and training practices. In short, companies should prepare for scrutiny from the feds, clientele, or both.


Human Capital Leadership Podcast: Wilson On Leadership Red Flags

by Michael VanDervort

Leadership Crises Don’t Come Out of Nowhere — Here’s How to See Them Coming


Most leadership collapses aren’t surprises — they’re slow-motion disasters. 🚨


In this episode of the Human Capital Leadership podcast, Phillip B. Wilson, founder of Approachable Leadership and author of The Leader-Shift Playbook, joins Dr. Jonathan H. Westover to reveal the red flags that predict leadership failure long before things fall apart.


If you lead people or leaders, you can’t afford to miss this.


🎙️ Listen now: Red Flags That a Leadership Crisis Is on the Horizon

Welcome To More Labor Limbo From A Dismantled Federal Mediation and Conciliation Service

by Kimberly Ricci

To put it mildly, this is an unusual time for federal labor law. The NLRB is without a quorum again after the Supreme Court stayed an appeal court's decision to reinstate Gwynne Wilcox to the Board. The whiplash effect is real, and as a result, the NLRB is once again effectively paralyzed, which does halt cases against employers and leaves them without guidance on navigating workplace disputes. 


That ambiguity can be dangerous since it can cause lengthy delays in resolving labor issues. It may add to worker frustrations and allow negative workplace issues to fester. 

The same result could rear its head after a Trump executive order (EO) instructed the reduction of the Federal Mediation and Conciliation Service (FMCS). This already relatively small agency is now reportedly down to a skeleton crew in D.C., according to a lawsuit filed by the AFL-CIO and from several unions including IAM, AFSCME, SEIU, AFT, and UFCW. Through this suit, the plaintiffs ask a court to block Trumps's EO and reinstate workers after DOGE reduced the FMCS staff by 90+% and closed field offices.


Will dismantling the FMCS hurt unions? 

Of course. Yet it cannot be overlooked that a massive chunk of the free services supplied by the FMCS, which brokers disputes related to collective bargaining, involve employers in the private sector. That detail matters when substantially curtailing the agency, as we’ll see below.


Why would the Trump administration want to render FMCS incapable of its stated statutory purpose? 

That’s a good question and not one with an easy answer. This move may be designed to thwart Big Labor’s influence through inertia, but the opposite effect might occur in the following ways:

  • Expired contracts will more frequently stay that way, which adds up to more strikes and lockouts, which are expensive for employers.

  • FMCS provides mediation services and arbitration panels after receiving notices from employers who wish to terminate or change collective bargaining agreements. Reportedly, employers send over 10,000 requests annually to this agency.

  • With fewer mediators now available at the FMCS – and if the lawsuit papers are to be believed, that number has been reduced from 80 to 5 – employers will soon be forced to turn to private mediation and arbitration, which are not cheap.

Another head scratcher: An FMCS statement claims that the agency operated on a 2024 budget of $55 million while reportedly helping save $500 million annually for the economy. And the residual effects could also be immeasurable if these mediation cases exist when unions are already installed in a workplace, where employers cannot afford further erosion of worker trust. If contract disputes or strikes drag on further than necessary, nobody benefits. 


The unions’ lawsuit is based upon the claim that closing the independent agency, which was established by Congress in 1947 and can legally only be dissolved by an act of Congress, is unconstitutional and violates the Administrative Procedure Act. Of course, the FMCS is, like the NLRB, not technically shuttered, but it is being significantly hindered. These strange new waters are growing choppier by the moment, and they don’t appear to be clearing anytime soon.

Stories You May Have Missed


Another Example of Why Most Workers Can’t Stand Unions

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5 takeaways about NPR's reporting on the whistleblower report about DOGE at the NLRB

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Trade Association Urges Attorney General to Invalidate 15 NLRB Cases

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UAW profit-sharing checks expected to plunge from Trump auto tariffs 

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Hundreds of Video Game Workers Join New Union as Trump Attacks Labor Rights 

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What Unionization Could Offer Law Firm Associates: Protection and Voice 

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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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