Starbucks Gets a Slappucino from Labor Board.
The National Labor Relations Board has ordered Starbucks to rehire two Philadelphia baristas who were fired after leading unionization campaigns and otherwise protesting the terms and conditions of employment.
In a decision issued June 21, the Board concluded that Echo Nowakowska and Trista Bussiere would not have been fired had they not helped brew in-store protests and vocally advocated for changes to working conditions. The employees had alleged that workers faced discrimination from customers and co-workers because of their race, sexual orientation and other factors. They also voiced support for unfair labor practice charges against the Seattle-based coffee chain.
As a result of their concerted activity, which is protected under federal labor laws, the employees were denied training opportunities, experienced reduced hours and ultimately suffered termination of employment in early 2020, Board Judge Andrew Gollin concluded.
Starbucks claimed it fired Bussiere for spreading a false rumor to an employee that he was about to be fired, but Judge Gollin found that warning a co-worker that his job is in danger is “protected and inherently concerted activity.” As for Nowakowska’s firing, Starbucks alleged she had treated customers poorly and made rude comments to them, but Judge Gollin noted that the discipline appeared to be harsher than that administered to others and, importantly, Starbucks did not ask Nowakowska for her version of events before firing her.
This reinforces a point we have noted repeatedly in Updates: before terminating an employee for reported misconduct, employers must adequately investigate the facts and get the employee’s version of events. To do otherwise makes the process appear unfair to the employee and raises the specter that something other than the alleged misconduct – such as discrimination or retaliation – is motivating the discharge.
The decision sends a loud and clear message to Starbucks: wake up and smell the National Labor Relations Act.