🗞️ Fifth Circuit Judges Skeptical of NLRB's Authority in Starbucks Labor Disputes
A Fifth Circuit panel expressed strong doubts about the National Labor Relations Board's (NLRB) efforts to penalize Starbucks for issuing subpoenas during a labor dispute
During oral arguments, U.S. Circuit Judge Stephen Higginson questioned the NLRB's logic, noting that Starbucks had requested government-issued subpoenas, only to face penalties from the same agency for those requests. The NLRB alleges Starbucks overreached by seeking store management recordings and worker communications in La Quinta, California, but Higginson argued this transforms a standard discovery process into a "preset liability trap."
An administrative law judge had previously dismissed all charges in the underlying labor dispute, yet the NLRB pursued a second case focused solely on the subpoenas. The Fifth Circuit's skepticism aligns with broader trends of judicial pushback against the NLRB's enforcement tactics.
The case highlights ongoing tensions between Starbucks and the NLRB, including disputes over union organizing and alleged anti-union practices. Starbucks has faced multiple NLRB rulings, including one involving former CEO Howard Schultz's comments to a union-supporting barista. The Fifth Circuit's decision could significantly impact the NLRB's authority to enforce labor laws.
Primary Source Author: Samuel Lopez (USA Herald)
Link to Primary Source: https://usaherald.com/fifth-circuit-casts-doubt-on-nlrbs-authority-in-nlrb-starbucks-subpoenas-clash/
Supplementary Links:
