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Sixth Circuit upholds reinstatement of Memphis Starbucks workers – Tennessee Lookout [1]

['Holly Mccall', 'More From Author', '- August']

Date: 2023-08

The Sixth Circuit Court of Appeals has upheld a lower court’s ruling that a Memphis Starbucks violated the Fair Labor Standards Act when it fired seven workers over union organizing efforts.

The Aug. 8 ruling affirmed the terminations also had a chilling effect on organizing efforts, not only in the Memphis store but in Starbucks outlets across the U.S. and agreed with a district court that the workers — known as the “Memphis Seven” — should have been reinstated to their jobs.

Baristas at the Poplar Avenue store began discussions of unionizing in early Jan. 2022 and almost immediately, management began to take punitive action against lead organizer Nikki Taylor, a shift supervisor. Taylor was subject to two corrective-action measures for practices not typically punished — including wearing leggings to work.

As organizing efforts continued, a district manager began to visit the store almost daily and closed down in-store service — despite being fully staffed — operating it as a drive-through only.

On Feb. 8, 2022, Starbucks fired five of the six organizing committee members and two other workers who were participating in pro-union activity. After the firings, other pro-union workers at the Memphis Starbucks stopped wearing union pins for fear of retaliation, while Starbucks employees from Jackson, Tenn. and a Florida store said they paused their unionization efforts as a result of the terminations.

Nonetheless, remaining workers at the Memphis store voted in June 2022 to join Workers United, a labor union representing employees in the food service, hospitality and distribution industries.

The “Memphis Seven” were represented by attorneys for the National Labor Relations Board.

The Fair Labor Standards Act gives employees the right to form or join labor unions and to engage in collective bargaining. Employers are considered to have engaged in unfair labor practice when they interfere with or coerce workers exercising those rights.

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