Last Updated on October 22, 2023, 10:43 AM | Published: October 19, 2023
OKLAHOMA CITY – A worker at the Nichols Hills Starbucks (SBUX) has filed a petition with the National Labor Relations Board (NLRB) to decertify the union at that store.
Amy Smith, backed by free legal counsel and representation of The National Right to Work Legal Defense Foundation, wants Starbucks Workers United (SBWU) which represents the interests of 27 workers at the store to stand for a decertification vote.
In 2022, workers at the store voted for union representation after being the first Starbucks crew in the state to petition for a vote.
As SBUX has fought union representation of its employees, the company has accumulated over 200 violations of labor law across the country. Starbucks Workers United represents over 9,000 workers and over 360 stores nationwide.
Smith’s petition asks for the vote to be held on November 17th.
Free Press was able to obtain a statement from Amy Smith through the Right to Work Foundation:
“My coworkers and I are very disappointed with the SBWU’s performance and we just want a chance to vote privately on whether they deserve to remain at our store. We have a right to do this under federal law, and the union should not seek to block us in the exercise of our rights. It is disheartening to read commentary from the union labeling us as ‘victims of union busting’, when this decision has been well thought out by each of us that signed the petition and represents our personal beliefs.”
Starbucks claims to have no connection with the foundation’s work in this effort. In a prepared statement to Free Press, spokesperson Kathy Allen wrote, “Starbucks has no affiliation with The National Right to Work Foundation, has made no contribution to the organization and has not been party to efforts by the Foundation to assist partners seeking to file a decertification petition with the NLRB. The law prohibits Starbucks from assisting partners seeking to decertify Workers United.”
Oklahoma is already a right-to-work state
The foundation’s language around the issue has framed it as a worker’s rights being infringed upon by union representation.
But, Oklahoma has been a right-to-work state for decades after a constitutional amendment proposed by the Legislature was passed by voters in 2001.
Compulsory union membership is forbidden in Oklahoma and over 20 other states. There is no such thing as a “closed shop” in the state where all employees have to pay union dues or bargaining fees for representation.
And, contract agreements earned in union negotiations with management benefit all workers in Smith’s store, not just union members. That is true in any company in Oklahoma where a union negotiates for contracts.
Anti-labor push across multiple states
In a press release by The National Right to Work Legal Defense Foundation, they paint the picture of an anti-labor movement against Starbucks Workers United led by the organization at several stores across the United States.
“Smith and her coworkers’ effort is the latest in a chain of SBWU decertification pushes across the country. Since May, Starbucks employees in Manhattan, NY; Buffalo, NY; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; and Greenville, SC, have all sought free Foundation legal aid in pursuing their decertification petitions at the NLRB”, the release stated.
The group has had some success in at least one location in Pennsylvania.
“Last month, workers at Good Karma Café, an independent coffee shop in Philadelphia, successfully voted out the SBWU union with Foundation help”, it read.
The way store employees get in contact and receive this “free” legal aid remains unclear.
Local SBWU union members speak out
Free Press spoke to workers with OKC Starbucks Workers United.
Alisha Humphrey, a former barista at the Nichols Hills store and now at another, said, “At this union store and stores across the country we have been the victims of an unprecedented anti-union campaign that the company has spent millions of dollars that they could be spending on giving us more hours and raises. Management and higher level management has also been involved with this and the former decertification petition at this store.”
She continued, “Starbucks denying raises and credit card tipping to its union stores and then scapegoating the union for it has caused partners to misdirect their blame and anger to the union rather than the company. Starbucks has committed numerous labor violations at this store along with hundreds across the country and is currently being prosecuted by the NLRB. We hope this company chooses to meet its partners at the bargaining table rather than harm workers by continuing its anti-union campaign.”
Collin Pollitt, barista at 23rd and Robinson, also had a perspective on the efforts at decertification.
“It is understandable that some workers have felt frustration that the company has not been bargaining in good faith. The NLRB has filed an official complaint. SBUX has had our proposals for over a year, yet has not tentatively agreed to a single one,” he said.
On SBUX’s anti-union tactics, Pollitt goes into detail.
“Last year, SBUX announced benefit enhancements for non-unionized workers, which the Union waived the right to negotiate, but SBUX refused to bargain. We are pleased to say the NLRB, on September 29th, found that SBUX violated the law with these benefit enhancements by using a ‘carrot and stick’ tactic, and has ordered backpay as a remedy for workers,” he added.
Pollitt continued, “It is concerning that the Right to Work Foundation claims to represent the interest of workers while being funded by billionaires, whose larger goal is to diminish labor power. Organized workers are responsible for raising labor standards throughout history, not benevolent dictator CEOs.”
Starbucks disclaimer
UPDATE — In a prepared statement to Free Press, Starbucks spokesperson Kathy Allen wrote, “Starbucks has no affiliation with The National Right to Work Foundation, has made no contribution to the organization and has not been party to efforts by the Foundation to assist partners seeking to file a decertification petition with the NLRB. The law prohibits Starbucks from assisting partners seeking to decertify Workers United.”
Alex Gatley covers labor activities in the state of Oklahoma.
