STARBUCKS was at the US Supreme Court today seeking to weaken the National Labour Relations Board (NLRB’s) ability to intervene against companies accused of violating workers’ rights.

The court case began on the same day that company bosses met Starbucks Workers United reps to begin their first bargaining session in almost a year.

Workers at 420 company-owned Starbucks outlets across the United States have voted to unionise since 2021, but not one venue has yet secured a recognition agreement.

Starbucks’ case dates back to February 2022 when it fired seven workers trying to unionise an outlet in Memphis, Tennessee. 

The NLRB found the sackings were an illegal interference with the right to join a union, and secured a federal district court order reinstating them (five still work there, the other two are involved in Workers United organising efforts). The NLRB case was later upheld by the 6th Circuit Court of Appeals, prompting Starbucks to appeal all the way to the Supreme Court.

The case has far-reaching implications. Currently some US circuit courts (federal appeals courts with authority within a geographical area known as a circuit) require the NLRB to meet a two-factor test to secure an injunction against an employer, in which it must cease its allegedly unfair practice until a court rules on the matter. The NLRB must establish that its request is reasonable and serves a “remedial purpose.”

But others apply a stricter four-factor test in which the NLRB must also show its request is likely to succeed in court and prevents “irreparable harm” to the affected workers. Starbucks wants the stricter test applied forthwith in all circuit courts.

Employment lawyers say if Starbucks wins, the NLRB will face a much higher burden of proof to get injunctions and may become reluctant to apply for them given greater costs.

Yet “if Starbucks loses, employees will likely become more emboldened in their right to organise as they will seek immediate protection against any perceived labour violations,” lawyer Camille Bryant told US media outlet Restaurant News. “Given the widespread public support of unions over the past several years, an adverse decision may... embolden unionisation efforts.”

Starbucks Workers United filed an additional 47 federal unfair labour practice charges against the coffee shop in February.