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Starbucks Seeks Supreme Court Curb On NLRB's Power

Starbucks employees and supporters link arms during a union election watch party Dec. 9, 2021, in Buffalo, N.Y. The U.S. Supreme Court is set to hear oral arguments in a case filed by Starbucks

Starbucks is set to present its case against the National Labor Relations Board (NLRB) to the Supreme Court on Tuesday. The dispute arose after Starbucks fired seven employees in Tennessee who were leading a unionization effort. The NLRB intervened, citing illegal interference with workers' rights to organize.

The NLRB found that Starbucks had violated policy by firing the employees, who had been involved in reopening the store after hours and inviting non-employees inside. The agency determined that Starbucks had allowed similar activities in the past, making the firings unjust.

A federal district court issued a temporary injunction requiring Starbucks to rehire the workers while the case proceeded. The 6th U.S. Circuit Court of Appeals upheld this ruling, prompting Starbucks to appeal to the Supreme Court.

Starbucks argues that the NLRB's standards for requesting temporary injunctions lack consistency across federal appeals courts. The company contends that such injunctions can burden businesses, as the NLRB's administrative process can be lengthy.

The NLRB maintains that it already assesses its likelihood of success before seeking court intervention, making the number of factors required for injunctions less significant. The agency emphasizes that it rarely requests temporary injunctions, with only 14 cases filed in the 2023 fiscal year out of nearly 20,000 unfair labor practice charges.

Starbucks is urging the Supreme Court to establish a uniform four-factor test for all courts to follow in NLRB injunction cases. The company asserts that national employers need consistent standards to defend against prolonged injunctions.

Meanwhile, Starbucks and Workers United, the union representing its workers, have resumed negotiations for potential contract agreements. Despite the legal battle, the two sides are working towards resolving their differences.

The outcome of the Supreme Court hearing could have significant implications for future labor disputes and the power of the NLRB to intervene in unionization efforts. The case highlights the complex dynamics between corporations, employees, and government agencies in upholding labor rights.

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