Judge rules Starbucks must reinstate Colorado baristas
(COLORADO SPRINGS) — Two baristas who supported forming a union at their Starbucks locations in Denver and Colorado Springs won a ruling on Feb. 6 that would reinstate them to their jobs, as well as compensate them for lost wages and other expenses related to their unlawful termination.
According to a press release from the Starbucks Workers United union, A federal administrative law judge of the National Labor Relations Board (NLRB) ruled that Starbucks unlawfully terminated union supporter and barista Ryan Dinaro at its Tremont store in Denver based on his union activity.
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At its Academy store in Colorado Springs, the judge found that Starbucks worker and union activist Joseph Mathis was discharged in violation of the National Labor Relations Act. Starbucks was also found to have carried out unfair labor practices compromising the union election at the store.
According to the union, Starbucks was ordered to fully reinstate Dinaro and Mathis to their former positions and make them whole for lost wages and benefits, and other losses suffered as “a result of the discrimination against them.” The judge also concluded that Starbucks engaged in “objectionable conduct warranting setting aside the results” of a mail-ballot election held at its Academy store between April to May 2022 and ordered the coffee giant to conduct a new election.
“After nearly two years, the employees of the Academy and Flintridge Starbucks store have prevailed,” said barista Bradley Krutz, who has been working for Starbucks for 7 years. “Despite Starbucks’ numerous and dramatic attempts to dissuade employees, interrogate them, and pressure them, we will get the re-election we deserve. Today marks a significant day in union representation and holding corporations accountable for their corporate greed and overreach. I am excited to see what develops in the coming months and am proud to be a part of this movement and an incredible team.”
The decision must still be reviewed and accepted, and any reinstatement of employees is dependent upon an enforced NLRB order, which would go through the courts.
Read Starbucks’ full statement below:
We are exploring options for further legal review of the Administrative Law Judge’s recommendations. A recent independent, third-party assessment was clear that Starbucks has not used an “anti-union” playbook and has provided consistent reassurances to partners that it respects their right to freely associate and to collectively bargain without fear of reprisal or retaliation.
The process for fully reviewing the merits of alleged unfair labor practices is multi-step and includes several steps of review within the National Labor Relations Board (NLRB) and the federal circuit courts. As this backlog of charges works its way through the dispute resolution process designed by Congress, we continue to act in a manner that is consistent with established law, rooted in our mission, values and promises, and responsive to our partners — regardless of union status.
All partners are held to lawful, nondiscriminatory standards, receive training on our policies and are aware that failing to uphold them can result in corrective action up to and including separation. Starbucks also provides all U.S. leaders training on compliance with labor law and provides local supervisors assistance to address compliance issues as they arise. That training instructs local supervisors to consistently apply these standards while fully respecting our partners’ right to organize and engage in protected activity without fear of reprisal or retaliation.
Lastly, Starbucks remains ready to progress in-person negotiations with the unions certified to represent partners and we are hopeful that Workers United will resume bargaining sessions toward ratified agreements in 2024. Our Dec. 2023 outreach to Workers United President Lynne Fox was meant to help find a path forward that prioritizes the needs of our partners, break the impasse between the parties and help us progress store-by-store negotiations — with the aim of reaching ratified contracts for represented stores this year.
Starbucks Spokesperson Andrew Trull
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