Mall of America Starbucks Employees Join Rising Movement Seeking to Remove SBWU Union
Starbucks partners at Minneapolis location join the growing list of workers looking to decertify Starbucks “Workers United” union
Minneapolis, MN (July 14, 2023) – Rebecca Person, an employee of the first floor Mall of America Starbucks location outside Minneapolis, MN, has just submitted a petition to the National Labor Relations Board (NLRB) Region 18 that seek a vote to remove Starbucks Workers’ United (SBWU) union officials from their workplace. The Mall of America Starbucks is just the latest in a growing list of Starbucks locations where employees are seeking to oust union officials. Workers from locations in Manhattan, Pittsburgh, and Buffalo are also receiving free legal aid from National Right to Work Foundation staff attorneys in union decertification efforts.
The union decertification petition contains signatures from a majority of workers at the Mall of America location. The majority support for removing the union is far more than the 30% requirement by the National Labor Relations Act (NLRA) needed to trigger the NLRB to hold a decertification vote among the workers.
With the workers’ petition filed with the NLRB, the NLRB’s rules dictate that a secret ballot election should be promptly scheduled to determine whether a majority of workers want to end union officials’ power to impose a contract, including forced dues, on the workers. Because Minnesota lacks Right to Work protections for its private sector workers, SBWU union officials have the power to enter into an agreement with Starbucks that would require Person and her coworkers to pay union dues or fees as a condition of keeping their jobs. Meanwhile, in Right to Work states, union membership and financial support are strictly voluntary.
Starbucks Workers Increasingly Seek to Vote out SBWU Union Officials
The Mall of America Starbucks workers are just the latest example of Starbucks workers seeking to exercise their right to vote out unwanted union officials. Foundation attorneys are currently assisting Starbucks employees in Manhattan, Buffalo, and Pittsburgh, in obtaining union decertification votes.
As with the New York and Pennsylvania locations, the SBWU union only came to power at the Mall of America Starbucks a little over a year ago – meaning workers began attempts to vote out SBWU nearly as soon as legally allowed. Federal labor law prevents workers from exercising their right to remove an unpopular union at least one year after installed.
A contributing factor to the growing worker dissatisfaction with SBWU union officials may be the controversial practice of “salting,” which involves union officials surreptitiously paying union agents to obtain jobs at non-union workplaces to agitate for union control. “Salts” generally hide their union-allied status from both managers and their coworkers, and may quickly depart the workplace once a union has been installed. The New York Post reported that one SBWU union agent was paid nearly $50,000 to “salt” a Buffalo Starbucks location, and concealed her affiliation from both her coworkers and Congress.
The push for decertification votes at Starbucks is part of a growing trend, with the NLRB’s data showing a unionized private sector worker is far more likely to be involved in a decertification effort as their nonunion counterpart is to be involved in a unionization campaign. NLRB statistics also show a 20% increase in decertification petitions last year versus 2021. However, union officials still have many ways to manipulate federal labor law to prevent workers from voting them out, including by filing unrelated or unverified charges against management.
“The deceptive tactics SBWU officials took in gaining control of multiple Starbucks locations are finally coming back to haunt them,” commented National Right to Work Foundation President Mark Mix. “Starbucks partners nationwide are seeing how the union organizers, including those secretly paid by the union pretending to be genuine coworkers, manipulated them to do what is best for union bosses but not in the best interests of rank-and-file workers.”
“These Starbucks workers have joined others in taking the first step in exercising their rights to oust an unwanted union, and we call on SBWU union officials and the NLRB to respect the wishes of these workers who simply want a prompt decertification vote,” continued Mix. “The right of workers to oust a union that lacks majority support should not be subjugated to the interests of incumbent union bosses seeking to retain power against the wishes of rank-and-file workers.”
Las Vegas Plumbing Designer Wins Case Against Union Over Illegal Retaliatory Fines by UA Union Bosses
In apparent retaliation for participating as an observer in a Labor Board election, union officials attempted to fine Universal Plumbing and Heating employee $4,999
Las Vegas, NV (April 7, 2023) – David Webb, an employee at Universal Plumbing and Heating Inc. has won his legal battle against United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) Local 525, after UA union officials illegally attempted to fine him.
Webb exercised his right to participate as an election observer during a National Labor Relations Board (NLRB)-sanctioned election at his workplace, only to be subjected to the fine attempt by UA officials. In response, Webb, with the assistance of National Right to Work Legal Defense Foundation staff attorneys, filed federal unfair labor practice charges at National Labor Relations Board Region 28 against the UA for violating his rights under the National Labor Relations Act.
Unions cannot lawfully discipline nonmembers. Since 2017, Webb has not been a union member and has not paid any dues. Universal Plumbing and Heating Inc. is also not a unionized company. Despite this, UA union officials initiated internal union disciplinary charges against him, attempting to levy a fine of $4,999 for exercising his right to participate in an NLRB-conducted election, including as an official election observer. Union officials apparently initiated the illegal fine attempt after Webb’s coworkers voted against bringing the union into their workplace while Webb served as an election observer.
The charges National Right to Work Foundation staff attorneys filed against the UA union for Webb explained that, because Webb was a non-member since 2017, he could not legally be subject to discipline by the union. Further, the charges noted that the fine was illegal retaliation for his protected NLRA activity in serving as an election observer.
Just 10 days after Foundation attorneys filed Webb’s unfair labor practice charges against the UA, the union capitulated, sending Webb a letter acknowledging they lacked the legal basis for the fine because he was not a union member, and that therefore he was not subject to the fine or any other sanction from the UA Local or national affiliate.
Although union bosses often initiate internal union discipline against voluntary union members, longstanding precedent protects workers who are not union members from being subjected to such retaliatory fines. Further, workers cannot legally be fined by union officials for exercising their protected rights under federal labor law, including participating in an NLRB-supervised election to decide whether or not union officials become the monopoly bargaining “representative” of workers in a given workplace.
Nevada is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment. In the election that triggered the illegal retaliatory fine against Webb, workers voted against granting UA union bosses such monopoly bargaining powers.
“This case was open and shut: Union officials know workers can exercise their rights to participate in an NLRB-sanctioned election and they were caught red-handed violating Webb’s rights,” commented National Right to Work Foundation President Mark Mix. “Although the fine has officially been dropped, Foundation attorneys remain ready to protect all workers’ right to refrain from union activities.”
“Other workers in Nevada and nationwide facing similar backlash from union officials should know they can reach out to Foundation staff attorneys for free legal assistance in challenging union officials who violate their rights,” added Mix.
Pipefitters Union Hit with Federal Charge for Illegal Retaliatory Fine against Non-Union Las Vegas Worker
For participating as an observer in an NLRB union election, the heating and plumbing worker faces $4,999 in punitive union boss initiated fines
Las Vegas, NV (March 10, 2022) – An employee in Las Vegas, Nevada, has filed federal charges against the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry (UA) union Local 525, in response to union officials illegally threatening to fine him. The employee, David Webb, chose to exercise his right to work during a National Labor Relations Board (NLRB)-sanctioned election. The case was filed at the National Labor Relations Board Region 28 by National Right to Work Legal Defense Foundation staff attorneys to challenge his retaliatory fines by the union officials.
Webb, a Universal Plumbing and Heating Inc. employee, has not been a union member since 2017. Despite this, UA union officials initiated internal union disciplinary charges against him, resulting in an attempt to levy a fine of $4,999 against him for exercising his right to participate in a NLRB-sanctioned election, including as an official election observer.
Although union bosses often initiate internal union discipline against voluntary union members, longstanding precedent protects workers who are not union members from being subjected to such retaliatory fines. Further, workers can never legally be fined by union officials for exercising their protected rights under federal labor law, including participating in an NLRB-supervised election to decide whether or not union officials become the monopoly bargaining “representative” of workers in a given workplace.
Nevada is a Right to Work state, meaning workers cannot legally be required to join or pay dues or fees to a union as a condition of keeping their jobs. However, even in Right to Work states, union officials who have obtained monopoly bargaining control in a workplace are granted the power to impose one-size-fits-all union contracts on all workers, including those who opt out of union membership and would prefer to negotiate their own terms of employment. In the election that triggered the illegal retaliatory fine against Webb, workers voted against granting UA union bosses such monopoly bargaining powers.
“Fining a nonmember worker for poll-watching is not only absurd but blatantly illegal,” commented National Right to Work Foundation President Mark Mix. “If UA union bosses want to know why workers are declining formal union membership and also voting against bringing so-called union ‘representation’ into their workplace, they should look at their own conduct and how they abuse the rights of rank-and-file workers.”
“Other workers nationwide facing similar backlash from union officials should know they can reach out to Foundation staff attorneys for free legal assistance in challenging union bosses,” added Mix.