A federal judge in Tennessee ruled that Starbucks must give back to seven workers in Memphis who were fired for organizing a union.
The "Memphis Seven" lost their jobs after participating in an in-store interview with a local television station about their union effort. Starbucks fired the workers because they violated store policy by allowing nonemployees into the shop after hours, but the baristas' union said the firings were retaliation.
The general counsel of the National Labor Relations Board believed that the firings of the workers were illegal and that they should be brought back. The judge said there was evidence that the firings had a chilling effect on the campaign.
What matters in a case like this is not whether a worker violated company policy, but whether the company has a history of doing so in similar situations. Lipman didn't believe that Starbucks had a good record.
Evidence provided by the labor board supports the theory that Starbucks applied its policies to the Memphis Seven when they were fired. The evidence supports inconsistent enforcement of the policies.
Workers must be offered their jobs back within five days. If Starbucks succeeds in getting a stay, it will delay the workers' reinstatement.
The underlying case of the firings is being argued at the labor board. It's a legal and public-relations blow for Starbucks. At least 20 complaints have been filed by the labor board against the company.
The granting of the injunction helps the union campaign as it battles the coffee chain in both stores and labor board hearings around the country. The members of the Memphis Seven thanked their supporters on Thursday after a judge ruled in their favor.
This would not have been without the support from every single one of you ❤️Those that marched on the streets with us, those that shared our story, those that supported us, those with Memphis 7 on their signThis is for all workers everywhere
Thank you, from #MemphisSeven
— بيتو أغيري beto (@beibangwen) August 18, 2022
Starbucks said in a statement that it disagreed with the ruling.
The company said that the individuals failed to maintain a secure work environment and safety standards. Even though partners are interested in a union, they still have to follow policies that are in place to protect them.
The general counsel of the board tried to get Starbucks workers in Arizona to return to work, but the judge turned them down.
Since December, Workers United has organized more than 200 Starbucks stores. None of the chain's corporate-owned shops were previously represented by unions. The campaign began in Buffalo, New York, and has since spread to other states.
In June, workers at the Memphis store voted to unionize.
Starbucks has been accused of violating the law by firing certain workers, closing stores and offering benefits to workers if they don't unionize, all of which the company denies. Abruzzo said in a statement Thursday that Lipman's ruling was a "crucial step in ensuring that these workers and all Starbucks workers can freely exercise their right to join together to improve their working conditions and form a union."
She told other employers that the board would enforce the law to protect workers' rights.
Nabretta said the order shows that Starbucks will do everything in their power to silence them.
In a statement through the campaign, the store's owner said that they remained the only store in Memphis to organize for fear of being fired. It is our hope that this ruling will bring comfort to our partners in the Memphis area.