At HELP Hearing On Starbucks Union Busting, Senator Murray Makes Clear: Federal Labor Laws Are Not Optional

WASHINGTON, March 30 -- Sen. Patty Murray, D-Washington, issued the following news release:

At a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing entitled "No Company is Above the Law: The Need to End Illegal Union Busting at Starbucks," Senator Patty Murray (D-WA), a senior member of the committee, pressed former Starbucks CEO Howard Schultz on his company's anti-union efforts. Over 500 open or settled unfair labor practices charges have so far been issued against Starbucks by the National Labor Relations Board (NLRB).

"I've listened carefully, and throughout your testimony, you've made it very clear that Starbucks prefers its workers not to be unionized," began Senator Murray during her questioning. "But I think you know that decision is up to workers under federal law. I just have been disappointed, I have to tell you. I've been hearing about some of the widespread anti-union efforts at Starbucks, including in Washington state where the NLRB has certified 19 elections--as you know--at Starbucks stores, they have issued 71 complaints covering 31 unfair labor practice charges, and NLRB judges have issued two decisions now finding that Starbucks violated federal law. So let me just ask you a simple question, do you agree that it is workers who get to decide whether they want a union?"

Senator Murray went on to press Schultz on reports that Starbucks has denied union workers benefits like credit card tipping and created uncertainty about the ability of union employees to receive specific benefits, like health insurance and abortion travel benefits.

"I am hearing from a number of folks really troubling reports about Starbucks refusing to allow credit card tipping, cutting employee hours, holding the loss of critical benefits like health care insurance and gender-affirming care over the heads of employees trying to exercise their rights," continued Senator Murray. "I've even heard reports, so you know, about uncertainty for union employees about whether or not they would receive abortion travel benefits which all your workers receive. I'm concerned when I hear from my constituents about unfair threats of any kind or denying benefits unfairly--even when the union agrees to waive its right to bargain. I would assume you would agree that that doesn't constitute treating someone with dignity or respect if they are being threatened?"

Starbucks is currently embroiled in extensive litigation with the National Labor Relations Board (NLRB) before both NLRB judges and in federal courts. As of March, 2023, the NLRB has certified bargaining units at almost 300 Starbucks locations across all 26 NLRB Regions in the country covering more than 7,500 employees.The first Starbucks union was certified on December 17, 2021. But, to date, not a single Starbucks store represented by Starbucks Workers United has reached a first contract or even made meaningful progress on exchanging proposals--despite the fact that it takes an average of 465 days to bargain for a first contract and it has been more than 450 days since the first Starbucks store unionized.

The NRLB has issued over 500 open or settled unfair labor practice charges against Starbucks; the charges include allegations that Starbucks engaged in retaliatory termination, discriminatorily withholding benefits, interrogating workers, and failing to bargain in good faith with unionized employees. The NLRB's General Counsel is prosecuting over 80 unfair labor practice complaints against Starbucks. In 2022, the NLRB's General Counsel sought five preliminary injunctions against Starbucks in federal District Court, an unprecedented volume against a single company.

In Washington state, the first successful effort to unionize-at a store located at Broadway and Denny in Seattle-was certified March 30, 2022 for an election held on March 21 after the NLRB denied Starbucks' appeal of the election. In the 356 days since the certification, Starbucks has yet to exchange first contract offers with the workers. However, Starbucks has since closed that location along with three other unionized stores. NLRB Regional Offices have 71 open or settled unfair labor practice charges against Starbucks, its subsidiaries, or their law firm in Washington state. Administrative Law Judges have issued two decisions, finding various violations including unlawfully threatening workers with reduced hours if they voted for the union and discipline if they testified at a NLRB hearing without first securing a replacement.

As former chair of the Senate HELP Committee, Senator Murray led the efforts to confirm a historic pro-worker majority to the NLRB and also secured the confirmation of the NLRB's current General Counsel, Jennifer Abruzzo. Last year, as chair of the Senate Appropriations subcommittee which oversees funding for the NLRB, Senator Murray secured a long-overdue $25 million increase in funding to support the NLRB's mission in the funding bill signed into law in December of 2022.

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View video here: https://youtu.be/WLqCSaZ2tok

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Original text here: https://www.murray.senate.gov/at-help-hearing-on-starbucks-union-busting-senator-murray-makes-clear-federal-labor-laws-are-not-optional/