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Wednesday, September 9, 2026

LABOR—UNFAIR LABOR PRACTICES—5th... - VitalLaw.com

Among the measures implemented by Starbucks was flying a team of senior executives and district managers from other stores around the country to support managers in Buffalo.

A divided Fifth Circuit granted enforcement in part of an NLRB order finding that Starbucks acted unlawfully in violation of Section 8(a)(1) when it flooded its Buffalo region with executives and out-of-state managers in the face of a union organizing campaign. However, the court denied enforcement of the Board’s Section 8(a)(1) decision with respect to the one finding of unlawful surveillance, the sole finding of unlawful interrogation, and the sole finding of coercive threats. Moreover, the appeals court concluded that Starbucks’s violations of Section 8(a)(3) and (4) were supported by substantial evidence, but it remanded this issue to the Board to specify the specific violations it relied on from its Section 8(a)(1) analysis. Judge Haynes filed a separate opinion concurring in part and dissenting in part (Starbucks Corp. v. NLRB, No. 24-60650 (5th Cir. Sept. 4, 2026)).

Union organizing campaign. On August 23, 2021, the union announced the launch of a union organizing campaign for Starbucks stores in the Buffalo region by posting a letter, signed by several employees, on social media addressed to Starbucks’ chief executive officer. Those employees solicited authorization cards from coworkers to encourage holding union elections throughout the Buffalo market. The union won certification at eight...



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