Starbucks Union

December 31, 2008

Starbucks' legal wrangles with a union that wants to organize its baristas is tarnishing the coffee chain's reputation for social responsibility

By Moira Herbst

Starbucks (SBUX), once the undisputed leader in premium-price caffeine fixes, has long cultivated a corporate image for social responsibility, environmental awareness, and sensitivity to workers' rights. Now that carefully crafted reputation is under assault, thanks to a messy legal dispute with a group called the Starbucks Workers Union (SWU) (part of the Industrial Workers of the World, or IWW), which started recruiting employees in 2004 and now claims 300 members.

The National Labor Relations Board found on Dec. 23 that Starbucks had illegally fired three New York City baristas as it tried to squelch the union organizing effort. The 88-page ruling also says the company broke the law by giving negative job evaluations to other union supporters and prohibiting employees from discussing union issues at work. The judge ordered that the three baristas be reinstated and receive back wages. The judge also called on Starbucks to end discriminatory treatment of other pro-union workers at four Manhattan locations named in the case. The decision marks the end of an 18-month trial in New York City that pitted the ubiquitous multinational corporation against a group of twentysomething baristas who are part of the Industrial Workers of the World.

December 24, 2008

By STEVEN GREENHOUSE

A National Labor Relations Board judge ruled on Tuesday that Starbucks had illegally fired three baristas and otherwise violated federal labor laws in seeking to beat back unionization efforts at several of its Manhattan cafes.

The administrative law judge, Mindy E. Landow, found that Starbucks had also broken the law by issuing negative job evaluations to union supporters and prohibiting employees from discussing the union even though the employees were allowed to discuss other subjects not related to work.

“The judge’s ruling shows that this company has trampled on workers’ rights to organize a labor union,” said one of the fired baristas, Daniel Gross, who is a longtime leader of the effort by the Industrial Workers of the World to unionize Starbucks workers in New York, Minnesota, Michigan and other states.

Judge Landow ordered that Mr. Gross and the two other baristas be reinstated to their jobs and receive back wages. She also ordered Starbucks to pledge to end what she said was discriminatory treatment toward workers who supported the union at four of its Manhattan shops: 200 Madison Avenue at 36th Street, 145 Second Avenue at 9th Street, 15 Union Square East and 116 East 57th Street.

For Immediate Release:
Starbucks Workers Union (Industrial Workers of the World)

Contact: StarbucksUnion (at) yahoo.com

Judge Finds Starbucks Guilty of Extensive Union-Busting

The IWW Scores Big Victory Over Global Coffee Chain

New York, NY (Dec. 23, 2008)- Following a lengthy trial here last year, a National Labor Relations Board judge has found Starbucks guilty of extensive violations of federal labor law in its bid to counter the IWW Starbucks Workers Union. In an 88-page decision, Judge Mindy E. Landow found, among other things, that Starbucks maintained multiple policies which interfered with workers' right to communicate about the union and about working conditions; terminated three workers in retaliation for union activity; and repeatedly discriminated against union supporters. The decision comes despite a 2006 New York settlement in which Starbucks pledged to stop illegal anti-union activities and mirrors federal government action against the company for its conduct toward baristas in Minnesota and Michigan.

Statement of the IWW Starbucks Workers Union followed by threat letter received yesterday

December 17, 2008

The IWW Starbucks Workers Union (SWU) and our dear friends in the global movement for worker justice have been campaigning against Starbucks for punitively denying two weeks of work to an SWU member who went home ill from a shift one day. In these terrible economic times, barista Anna Hurst absolutely must receive the compensation she is owed to pay rent and put food on the table for her two children.

Instead of paying the money owed, a lawyer for Starbucks store manager Gwendolyn Krueger has now threatened a frivolous lawsuit and even a criminal complaint against the Industrial Workers of the World. To call the truthful expression of our collective voice harassment and libel is both offensive and wrong as a matter of law.

Let us be clear: the IWW Starbucks Workers Union takes our right to defend baristas' interests and our right to free speech very seriously. We do not back down in any respect in response to baseless threats of litigation --- the struggle for secure work hours and respect on the job at Starbucks is too important.

The movement toward justice for Anna and all working people continues full-steam ahead at www.StarbucksUnion.org and www.iww.org.

---Starbucks Managers' Lawsuit-Criminal Complaint Threat Letter---

Hilary Cathcart, Esq.
1020 Grand Concourse
Bronx, New York, 10451

12/15/08

Industrial Workers of the World
General Headquarters
4001 Hamilton Avenue, Cincinnati, OH 45223, USA

Dear Industrial Workers of the World,

This CEASE AND DESIST ORDER is to inform you that your intimidating actions against Gwendolyn Krueger have become intolerable. Posting of Ms. Krueger’s personal phone number on your website and encouraging your members to phone and text her constitutes harassment. Referring to her as a liar on your website is libelous and actionable.

This letter is to demand that your harassment and intimidation CEASE AND DESIST immediately. Should you continue to pursue these activities in violation of this CEASE AND DESIST ORDER, I will not hesitate to pursue further legal action against you including, but not limited to, civil action and/or criminal complaints. This CEASE AND DESIST ORDER also demands that you immediately discontinue and do not at any point in the future under any circumstances do any of the following to Gwendolyn Krueger: speak to, contact, pursue, harass, telephone (via cellular or landline), instant message, page, fax, email, follow, stalk, shadow, disturb her peace, keep her under surveillance, gather information about her and/or block her movements at home, work, social gatherings, religious functions and/or any other reasonable day-to-day activities.

Should you willfully choose to continue your current course of action, I will not hesitate to file a complaint with the Supreme Court of the State of New York for your ongoing violations of the laws in effect in New York.

Note that a copy of this letter and a record of its delivery will be stored. Note too that it is admissible as evidence in a court of law and will be used as such if need be in the future.

This letter does not constitute an exhaustive statement of my position nor is it a waiver of any of my clients or my rights and/or remedies in this and/or any other related matter.

I demand your immediate attention and compliance in this matter.

Very truly yours,

Hilary Cathcart, Esq.
cc: Gwendolyn Krueger

Fellow Union Members and Friends:

Anna Hurst is a New York City barista, Starbucks Union member, and a single mother of two.

One day in August, Anna went home ill from work at Starbucks. In retaliation, her store manager - abruptly and without notice - denied her any work hours for two full weeks.

Anna needs the money she's owed to put food on the table, pay her bills, and buy Christmas presents for her two children.

Call and/or text message store manager Gwendolyn Krueger today at 551-497-0127 and demand that Starbucks pay Anna what she is owed!

This action for dignity will last seven days, Dec. 5-Dec. 12

Thank you for your solidarity.

--- The IWW Starbucks Workers Union is a grassroots organization of over 200 current and former employees at the world's largest coffee chain united for secure work hours and a living wage. The union has members throughout the United States fighting for systemic change at the company and remedying individual grievances with management. http://www.StarbucksUnion.org