Photo Credit: David Ryder

On Tuesday, justices are scheduled to hear Starbucks’ case against the National Labor Relations Board, the federal agency that protects the right of employees to organize. If the court sides with Starbucks, it could make it tougher for the NLRB to step in when it alleges corporate interference in unionization efforts.

After Starbucks fired seven workers who were trying to unionize their Tennessee store, a U.S. government agency obtained a court order forcing the company to rehire them. Now, Starbucks wants the Supreme Court to curb the government’s power in such cases.

The hearing comes even as the animosity between Starbucks and Workers United, the union organizing its workers, has begun to fade. The two sides announced in February that they would restart talks with the aim of reaching contract agreements this year. Starbucks and union representatives planned to meet Tuesday for their first bargaining session in nearly a year.

Workers at 420 company-owned U.S. Starbucks stores have voted to unionize since late 2021, but none of those stores has secured a labor agreement with Starbucks.

The case before the Supreme Court began in February 2022, when Starbucks fired seven employees who were leading a unionization effort in Memphis, Tennessee. Starbucks argued the employees had violated policy by reopening the store after closing time and inviting non-employees — including a television news crew — to come inside.

The National Labor Relations Board determined the firings constituted an illegal interference with workers’ right to organize. The agency found that Starbucks had routinely allowed off-duty employees and non-employees to remain in the store after hours to make drinks or collect belongings.

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