The U.S. Supreme Court agreed to hear a lawsuit to determine whether it was lawful to force Starbucks to rehire seven Memphis baristas who were fired after they took part in a union drive. The justices will decide the proper standard for court injunctions requested by the National Labor Relations Board (NLRB) as it considers allegations of unfair labor practices.
A date has not yet been set for oral arguments. The court is likely to issue a final decision by the end of June when its current term ends.
“We are pleased the Supreme Court has decided to consider our request to level the playing field for all U.S. employers by ensuring that a single standard is applied as federal district courts determine whether to grant injunctions pursued by the NLRB,” said Starbucks spokesperson Andrew Trull.
The Seattle-based coffeeshop chain has about 381,000 employees. We’ve gathered a group of articles from SHRM Online and other media outlets.
Circuit Split on Proper Injunctions
The court injunctions requested by the NLRB have forced some companies to reinstate employees, keep facilities open and pause corporate policy changes as the NLRB adjudicates alleged unfair labor practices. Federal appeals courts have been split on what test the NLRB must clear to receive such an order.
The 6th Circuit, along with four other federal appeals courts, grants the NLRB’s injunction requests when they clear a two-factor “reasonable cause” test showing the employer engaged in unfair labor practices....
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