Employees submitted nearly unanimous petition seeking union decertification vote, become fourth recent group of Philly coffee workers to kick out unwanted union

Philadelphia, PA (January 18, 2024) – Ultimo Coffee employee Jacob Johnston and his coworkers have successfully removed unwanted “Workers United” (WU) union officials from the Southwest Center City location of the coffee shop. Johnston and his coworkers’ effort, which comes on the heels of WU’s ouster by employees at Ultimo’s Germantown-area shop, received free legal aid from the National Right to Work Foundation.

Johnston initiated the effort by filing a petition earlier this week asking the National Labor Relations Board (NLRB) to hold a vote to remove the union among his colleagues. The petition contained signatures from nearly all the employees (“full-time and regular part-time Baristas, Bakers, Coffee Quality Managers, Inventory Coordinators/Baristas, and Trainers”) at the shop, greatly exceeding the required threshold to trigger a union decertification vote under federal law. However, before the NLRB could schedule a vote, union officials instead filed a “disclaimer of interest” in continuing their control of the store, likely to avoid an embarrassing loss at the ballot box. Pending the NLRB’s approval of the disclaimer, Johnston and his colleagues are free of the union.

Because Pennsylvania lacks Right to Work protections for its private sector workers, WU union bosses could compel Johnston and his coworkers to pay union dues and fees as a condition of keeping their jobs. In Right to Work states, in contrast, union membership and all union financial support are strictly voluntary. However, in both Right to Work and non-Right to Work states, union officials are empowered by federal law to impose union representation on all employees in a work unit, including those who oppose the union. A successful decertification vote strips union officials of that monopoly power.

“Workers United union officials have had over a year in power in our workplace, and in that time have made it increasingly clear that our interests are not aligned,” commented Johnston. “That’s why we’re joining other Ultimo employees in exercising our right to remove this union.”

Coffee Employees Across Philly and U.S. Seeking Freedom from Union Control

Johnston and his colleagues join Starbucks workers and other coffee employees across the country in banding together to oust the WU union (also referred to as “Starbucks Workers United,” or SBWU), which has targeted coffee shops nationwide for unionization. WU’s unionization activities are funded and directed in significant part by the large Service Employees International Union (SEIU).

Within the last year, Starbucks employees in Manhattan, NY; two Buffalo, NY locations; Pittsburgh, PA; Bloomington, MN; Salt Lake City, UT; Greenville, SC; Oklahoma City, OK; and San Antonio, TX, have all sought free Foundation legal aid in navigating NLRB processes to decertify the WU union. Workers from a Center City Starbucks in Philadelphia are also pursuing a decertification petition against WU with Foundation legal assistance.

Coffee employees in the Philadelphia area have scored a string of recent victories in removing unpopular union officials. In May 2023, workers at Guava and Java’s location at Philadelphia International Airport successfully voted to oust UNITE HERE union officials, and a few months later Good Karma Café employees cast ballots to remove the WU union. This month, Ultimo Coffee barista Samuel Tarasenko and his colleagues successfully forced WU out of the coffee shop’s Germantown-area location.

Many workers targeted by this campaign are demanding decertification votes roughly one year after a WU union was installed at their store, which is the earliest possible opportunity afforded by federal law to do so.

WU Officials Using Legal Maneuvers to Stop Coffee Employees from Removing Union

Unfortunately, union officials have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unverified charges. Currently, WU union officials are attempting to block Starbucks workers nationwide (including at the Center City Starbucks in Philadelphia) from exercising their right to decertify the union by filing a blizzard of charges against company management.

“The ‘Workers United’ union’s aggressive unionization campaign may have generated plenty of headlines, but the growing number of decertification efforts by coffee workers in Philadelphia and around the country demonstrates that many rank-and-file workers have come to the conclusion that remaining unionized is contrary to their best interests,” commented National Right to Work Foundation President Mark Mix. “While it’s encouraging that some coffee shop employees have been successful after fighting for their right to remove WU union bosses, others are being trapped by union legal tactics which only demonstrate further that the union is more concerned with maintaining power than respecting worker rights.”

“Workers who encounter coercive maneuvers from WU union officials should contact Foundation attorneys for free legal aid in defending their free choice rights,” Mix added.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.