In N.L.R.B. v. Starbucks (HERE), the United States Court of Appeals for the Second Circuit (“2nd Circuit”) overturned the National Labor Relations Board’s (“Board”) decisions regarding three (3) unfair labor practices allegedly committed by Starbucks.
In the underlying case, the Administrative Law Judge (“ALJ”) found, and the Board agreed, that Starbucks violated the National Labor Relations Act (“Act”) for employing a number of restrictive and illegal policies. In addition the Board also found that Starbucks committed violations for: (1) prohibiting employees from wearing more than one pro-union button on work clothes; (2) using protected concerted activity to justify the termination of pro-union employee Joseph Agins (“Agins”); and (3) that Starbucks’s decision to discharge pro-union employee Daniel Gross (“Gross”) was primarily motivated by anti-union animus.







