NLRB’s Civility Policy Decision Stumps Starbucks

NLRB’s decision on a civility policy enforced at Starbucks has concluded that the coffee chain was found to be in violation of labor laws. Time and again, we keep getting drawn into reports of Starbucks clashing with workers and creating a restrictive work environment, especially in association with unionization efforts at the company. The latest Starbucks civility rule controversy has been ongoing since September 2022, when the first case was filed after Starbucks fired an employee for “yelling” at work. Starbucks’ enforcement of its civility policy was found to be unlawful and in violation of the employee’s Section 7 rights. 

Image: Starbucks

NLRB’s Civility Policy Decision against Starbucks

The National Labor Relations Board and Starbucks have been at odds with each other more than once and the Starbucks workplace civility guidelines are under scrutiny this time. The Starbucks civility rule controversy centers around a Starbucks store in Ann Arbor, Michigan, where two employees were fired separately on unlawful grounds—a decision that they must now reverse. Workers United initially filed two cases in September 2022 and January 2023. The NLRB issued a consolidated complaint on September 22, 2023.

The complaint against Starbucks alleged that “Starbucks Corporation (the Respondent, the Employer, or Starbucks), violated Section 8(a)(1) of the National Labor Relations Act (the Act) by promulgating and maintaining rules on workplace communication and conduct that interfere with employees’ exercise of their Section 7 rights.” The complaint also went on to say that the company discriminated in violation of Section 8(a)(3) and (1) of the Act by discharging an employee for being associated with Union activities. 

Standing by the Starbucks civility policy, the company believed that the worker who was initially fired was found to be in violation of the company’s Mission and Values and had to be terminated effectively as a result. The termination decision was made citing multiple instances of the worker yelling at the store manager in person and in front of others, contacting them on their personal phone, and refusing to engage in assigned tasks. In the case of the other worker, the company cited the Mission and Values and their “How We Communicate” policy, stating that the employee had caused trouble with customers by the same manager who was cited in the previous incident. The company had chosen to skip the corrective action mentioned in the Partner Guide that they were citing and fired the employee directly. Both employees were very actively involved in the union activities at the store and had participated in employee strikes and bargaining efforts at the outlet. 

Starbucks to “Cease and Desist” from Maintaining Its Workplace Civility Policy

The NLRB’s civility policy decision condemns the company’s “unfair labor practices” and states that they were found to have been in violation of the violation of Section 8(a)(3) and (1) of the Act with the first employee Anisimova, but not in the case of the second employee Ramirez. As a result of the decision, the company will have to reinstate Anisimova within 14 days of the order, make up for any loss of earnings and benefits, compensate her for adverse tax consequences, and expunge any references to this incident from her records. 

In addition to this, Starbucks must refrain from engaging in disciplining or discharging employees who engage in union activities. The overly broad Starbucks civility policies on communication also need to be kept in check to ensure they do not infringe on the employees’ Section 7 rights in the hopes that such incidents are prevented from occurring again. The NLRB civility policy decision is unlikely to be the last time we see Starbucks’ name associated with ant-union sentiments considering the many different instances we’ve already seen them clash with union activities.

In February, we bore witness to the largest single-day rise in stores joining the Starbucks Union drive. More than 21 stores filed a petition with the NLRB to join their ranks after increasing pressures on the job had not been met with sufficient resources and compensation. Workers who are pro-union are gathering support and they refuse to be intimidated into laying low—which is something Starbucks will have to accept and confront soon enough. 

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