Last Updated on January 3, 2024, 6:21 PM | Published: January 3, 2024
OKLAHOMA CITY — The National Labor Relations Board (NLRB) has dismissed a petition to decertify the union election for representation of baristas at a Starbucks store in the OKC metro.
Union representation of the Nichols Hills baristas by Starbucks Workers United (SBWU) was maintained by the decision on December 29.
The store’s history of unionization is as follows: a union petition was filed on February 2, 2022, the mail ballot union election was concluded on May 5, 2022, and the union was certified as the representative of the store on August 5, 2022.
But, eventually, an employee at the store, Amy Smith, filed a petition to decertify the election, which would take away official representation of the store’s baristas in negotiations with Starbucks Management.
Decision for union by NLRB
The decision was handed down by Carla K. Coffman, Acting Regional Director of the NLRB for Region 14 and Subregion 17.
The document lays out the sequence of events leading up to the dismissal of the petition.
“On October 4, 2023, Amy Smith (the Petitioner) filed a petition…seeking to decertify Chicago & Midwest Regional Joint Board-Workers United/SEIU (the Union) as the exclusive collective-bargaining representative of the following appropriate unit of employees employed by [SBUX] Corporation (Employer),” the decision began.
The union filed to dismiss this petition by Amy Smith on October 18, 2023. On October 23, 2023, Coffman issued an “Order Indefinitely Postponing Statements of Position, Responsive Statements of Position, and Hearing, and Notice to Show Cause”. This was to direct both parties to submit their positions on a following of 3 things.
- Whether the instant petition should be dismissed, subject to reinstatement based on the unfair labor practices (ULP) found in 3 previous cases, or in cases cited by the Union in its Request to Dismiss.
- Whether the ULP alleged in the Consolidated Complaint in two previous cases, if proven, would require the remedy of a bargaining order and extension of the certification year, thereby precluding the existence of a question concerning representation.
- Whether the ULP alleged in Consolidated Complaints in other cases, if proven, would establish that a causal relationship exists between the ULP and the employee disaffection underlying the decertification petition.
The decision explains how it decided that the petition should be dismissed.
“After carefully reviewing the parties’ positions, the relevant law, and the circumstances of this case, I (Coffman) have concluded that the ULP related to the above-described unit that are alleged in the complaint…, if proven, will preclude the existence of a question concerning representation, and are grounds to merit dismiss of the petition”, the decision read.
It continued, “I (Coffman) further find that the alleged ULP, if proven, provide a separate basis to merit dismiss the petition subject to reinstatement based on a Master Slack analysis.”
DOR.14-RD-327273.RD-Decision-and-Order-Dismissing-PetitionThis latest decision by the NLRB is another defeat for the SBUX corporate, their district and store managers, and even the nonprofit organization Right to Work Legal Defense and Education Foundation representing Amy Smith through the nonprofit’s lawyer Alyssa K Hazelwood.
The Starbucks corporation is estimated to have spent millions so far to fight the union efforts by baristas nationwide.
Alex Gatley covers labor activities in the state of Oklahoma.
