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View Full Version : In Big IWW Victory, Judge Finds Starbucks Guilty of Extensive Union-Busting



KurtFF8
24th December 2008, 21:10
Source (http://www.iww.org/en/node/4521)


ubmitted by intexile on Wed, 12/24/2008 - 5:12am. http://www.iww.org/graphics/IU660/sbux/d16_article1sm.jpg 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.

"The judge's decision coupled with previous government findings expose Starbucks for what it is --- a union-busting corporation that will go to staggering lengths to interfere with the right to freedom of association," said Daniel Gross, a barista and member of the IWW Starbucks Workers Union found to have been unlawfully terminated by the coffee giant. "In these trying economic times of mass layoffs and slashed work hours, it's more important than ever that Starbucks and every corporation is confronted with a social movement that insists on the right to an independent voice on the job."

The Board decision is the latest blow against a company that has experienced a stunning fall from grace. From a precipitous decrease in customer demand to its increasingly tattered socially responsible image, the myriad of challenges facing Starbucks has resulted in the company losing over half its value from just a year ago. The decision also represents a significant victory for the IWW Starbucks Workers Union which continues to grow across the country with baristas taking creative and determined actions to improve the security of works hours and win respect on the job. Starbucks faces another Labor Board trial next month in Grand Rapids, Michigan over illegal union-busting.

"For the first time, a judge has confirmed the existence of a nationally coordinated anti-union operation at Starbucks," said Stuart Lichten, the attorney for the IWW Starbucks Workers Union in the case. "This decision conclusively establishes Starbucks' animosity toward labor organizing."

The union is confident that Judge Landow's copiously documented and well-reasoned 88-page decision will be upheld by the National Labor Relations Board in Washington, D.C. should Starbucks appeal. The victory is sure to be gratifying for the union's international supporters who conducted spirited global days of action in defense of Isis Saenz, Joe Agins, Jr., and Daniel Gross after their terminations which the Board has now found to be unlawful.

The National Labor Relations Board attorneys on the case were Burt Pearlstone and Audrey Eveillard. The union's attorney Stuart Lichten is a partner at Schwartz, Licthen & Bright, a prominent New York City labor law firm. Starbucks was represented by union-avoidance lawyers Daniel Nash, Stacey Eisenstein, and Nicole Morgan at corporate firm Akin Gump.

The IWW Starbucks Workers Union (StarbucksUnion.org) is an organization of almost 300 current and former Starbucks employees united for a living wage, secure work hours, and respect on the job. Founded in 2004, the union uses direct action, litigation, and advocacy to both make systemic improvements at Starbucks and take on the company over unfair treatment of individual baristas.

The Industrial Workers of the World (iww.org) is a rank and file labor union dedicated to democracy in the workplace and global solidarity.



This along with how workers were treated in Chicago demonstrates a trend with capitalists to go as far as to break obvious laws in trying to continue their higher rate of exploitation.

The left has been using the legal system in the US for some time now, and the capitalists are shooting themselves in the feet by breaking laws like this. Hopefully this will be another step in developing a renewed class consciousness for the working class in the US.

Pogue
24th December 2008, 21:20
A great victory, well done to all involved.

Kassad
24th December 2008, 21:39
Cheers.

FreeFocus
24th December 2008, 21:39
This is good news, congrats to our comrades. There is a Starbucks that I pass by everyday I commute, perhaps I'll take some of those flyers and hand them out to some workers there.

The IWW has always been inspirational to me.

BIG BROTHER
24th December 2008, 21:53
I agree with your comment, the production forces are stagnating pretty much in all of the world, or at least the western world. The only way the capitalist can increase their profits now, is by imperialism and attacking workers rights, and benefits in the imperialist countries.

TC
24th December 2008, 22:59
LOL @ starbucks workers union :rolleyes:

Die Neue Zeit
24th December 2008, 23:08
What's so funny? :rolleyes:

#FF0000
25th December 2008, 00:15
LOL @ starbucks workers union :rolleyes:

You realize Starbucks workers have to deal with people who go to Starbucks, right?

Red October
25th December 2008, 01:39
Cheers from the IWW down south, hopefully we'll be expanding the campaign to this area. Ignore the haters!

BIG BROTHER
25th December 2008, 18:35
You realize Starbucks workers have to deal with people who go to Starbucks, right?

I know those brave workers!!!!! they have to deal with....with....ughhh!

Q
25th December 2008, 22:57
Judge Finds Starbucks Guilty of Extensive Union-Busting
As opposed to normal union-busting? :closedeyes:

Cheers though :)

redSHARP
26th December 2008, 00:46
holy crap the US workers are actually standing up! :D

does this allow all Starbucks to unionize?!

Bilan
26th December 2008, 02:46
LOL @ starbucks workers union :rolleyes:

What the hell is wrong with you?
You have some sort of objection to workers organizing or something?

Who would've thought you were totally politically bankrupt. :lol:

Martin Blank
26th December 2008, 04:42
Who would've thought you were totally politically bankrupt. :lol:

Ummm, me.

But then, I think everyone of her class as such. So, I'm biased. :D

KC
26th December 2008, 05:07
LOL @ starbucks workers union :rolleyes:Starbucks workers get paid terribly, about as much as other fast food jobs (McDonald's, etc...). In fact, one of the biggest blows to organizing these kinds of workers are the temporary nature of the job (which is unfortunate for those actually working at these places long-term) and the vehemently anti-union attitude of these corporations. I know off the top of my head that McDonald's straight up closes restaurants that attempt to unionize, or at least have done so in the past.

I really don't see what's so funny about this at all. When I worked at McDonald's there were some people there that worked there for 20+ years and a lot of them were immigrants working 3 jobs attempting to scrape enough by to feed their families while being able to send some back to relatives in Mexico. Your attitude is incredibly patronizing and just plain disgusting.

Seriously, what the fuck TC? What's wrong with you?

Nothing Human Is Alien
26th December 2008, 05:20
TC thinks service sector workers are parasites. See this thread (http://www.revleft.com/vb/marx-engels-lenin-t62589/index8.html?highlight=labor+aristocracy).

Of course, she could just be criticizing the "Starbucks Union" for the way it is organized, its tactics, etc. I certainly do.

Die Neue Zeit
26th December 2008, 05:23
Ummm, me.

But then, I think everyone of her class as such. So, I'm biased. :D


TC thinks service sector workers are parasites. See this thread (http://www.revleft.com/vb/marx-engels-lenin-t62589/index8.html?highlight=labor+aristocracy).

Of course, she could just be criticizing the "Starbucks Union" for the way it is organized, its tactics, etc. I certainly do.



Translation: TC is a sectoral chauvinist. :)

http://www.revleft.com/vb/class-struggle-t81525/index.html?p=1316535#post1316535


There is another and very extensive domain in which the capitalist system of large production tends to turn the population into proletarians – the domain of commerce. The large stores are already bearing heavily upon the smaller ones. The number of small stores does not, for that reason, diminish. On the contrary, it increases. The small store is the last refuge of the bankrupt small producer. Were the small stores actually crowded out, the ground would be wholly taken from under the feet of the small traders; they would then be thrust forthwith below the class of the proletariat – into the slums; they would be turned into beggars, vagabonds and candidates for the penitentiary – a wonderful social reform!

But it is not in the reduction of the number of small stores, it is in the debasement of their character that the influence of large production manifests itself in commerce. The small trader deals in ever worse and cheaper goods; his life becomes more precarious, more proletarian. In the large stores, on the contrary, there is constant increase in the number of employees – genuine proletarians without prospect of ever becoming independent. Child labor, the labor of women, with its accompaniment of prostitution, excessive work, lack of work, starvation wages – all the symptoms of large production – appear also in increasing quantity in the domain of commerce. Steadily the condition of the employees in this department approaches that of the proletarians in the department of production. The only difference perceptible between the two is that the former preserve the appearances of a better living, which require sacrifices unknown to the industrial proletarians.

Bilan
26th December 2008, 11:54
^^ Correction, a 'third worldist' with disturbingly bourgeois-as-fuck politics.
Though, I suppose if you call yourself a marxist, it doesn't matter if you detest working class people. :rolleyes:


Ummm, me.

But then, I think everyone of her class as such. So, I'm biased.

Took the words out of my mouth. :lol:

Die Neue Zeit
26th December 2008, 21:40
Funny - I thought the "bourgeois as fuck" politics (aside from sectoral chauvinism AND Three-Worlds-ism) was limited to New Left feminism. :confused:


Though, I suppose if you call yourself a marxist, it doesn't matter if you detest working class people. :rolleyes:

The legacy of "Western Marxism," I'm afraid. :(

Bilan
27th December 2008, 13:21
Funny - I thought the "bourgeois as fuck" politics (aside from sectoral chauvinism AND Three-Worlds-ism) was limited to New Left feminism. :confused:

It's limited only to those who have bourgeois politics.




The legacy of "Western Marxism," I'm afraid. :(


Tragic.

Pogue
27th December 2008, 22:37
lol @ TCs dumb politics.

Hessian Peel
28th December 2008, 03:36
IWW Lead Us!

Hessian Peel
28th December 2008, 03:37
lol @ tcs dumb politics.

loling to the max!

YSR
28th December 2008, 03:53
Glad to hear that labor law actually worked for us for once. I'm not exactly sure how well it will work out in terms of practical growth for the union, but at least it might open up more sites of struggle.

To NHiA: I also have criticisms of the SWU, but have increasingly become aware that really the biggest problem with the SWU and why they have many of the problems they do is because they just don't have enough damn organizers. If we can get more Wobblies to salt into Sbux and more workers signed up on the job and develop them into organizers, we could really turn the SWU into a fighting industrial union that goes beyond Sbux. And I think that's exactly where SWUers want it to go. They just need our help.

redSHARP
29th December 2008, 21:20
if we were to "work":rolleyes: with in the current "democracy":rolleyes: (sorry i had to do that), the workers should press to end "right to work states". this had crippled unions all over the south. Forming any union, from construction workers to the person who serves coffee is a major victory!!

Pogue
29th December 2008, 21:23
loling to the max!

wait, oh its you :D

Bilan
1st January 2009, 10:54
Starbucks' Union Blues

Starbucks (SBUX (http://investing.businessweek.com/research/stocks/snapshot/snapshot.asp?symbol=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 (http://bx.businessweek.com/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 (http://bx.businessweek.com/labor-unions/) 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 (http://www.businessweek.com/bwdaily/dnflash/content/aug2007/db20070817_127354.htm) who are part of the Industrial Workers of the World.
The timing isn't ideal for Starbucks, which faces lower demand from the recession, an overall loss of panache for the brand, and a sliding stock price. "[The ruling] is a real thumb in the eye—a real gotcha moment with potential for heartache," says Eric Dezenhall, chief executive officer of Dezenhall Resources, a crisis management public relations firm in Washington D.C. "I don't think it's a crisis, but it hovers between [being] a nuisance and a problem."



More. (http://www.businessweek.com/magazine/content/09_02/b4115026911242.htm?chan=top+news_top+news+index+-+temp_dialogue+with+readers)

PRC-UTE
2nd January 2009, 06:06
great news. hopefully the IWW can grow from this to even more service industry workplaces.

Pirate turtle the 11th
2nd January 2009, 17:11
loling to the marx!
Fixed

kong
3rd January 2009, 16:21
What:

A trial against Starbucks at the National Labor Relations Board over the wrongful termination of an IWW barista. The proceedings are open to the public.

Who:

Starbucks baristas, supporters from the IWW, the community, and Starbucks management officials.

The IWW Starbucks Workers Union will be represented by attorney Rodger Webb of Webb, Englehardt, and Fernandes.

Starbucks will be represented by David Khorey and Kelly Stoppels of Varnum, Riddering, Schmidt, and Howlett.

The NLRB attorney on the case is Brad Howell.


Why:

Starbucks' is preparing to fight its second trial against Unfair Labor Practices. Last week, in an 88 page decision,an administrative law judge 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.



After an investigation triggered by charges from the IWW in Grand Rapids, the Labor Board hit Starbucks with a complaint alleging the illegal termination of an employee for union activity.The barista firing at issue in the case resulted in solidarity actions from around the world. Now Starbucks will have to answer for its illegal acts in open court, again!

Despite the fierce anti-union campaign by the world's largest fast-food coffee outlet, baristas around the country continue to join the IWW Starbucks Workers Union to pressure the company on issues of concern including insecure work hours, poverty wages, and unaffordable health care.

Background on the complaint for which Starbucks will stand trial: "Starbucks faces another NLRB complaint", by
Lauren Shepherd for the Associated Press, available online:


When:
Starting Wednesday, January 7th at 10am
Thursday, January 8th 10am
(possibly) Friday, January 9th 10am


Where:
NLRB Region 7 at the Federal Building. David L. Basso Hearing Room, 82 Ionia 3rd Floor in Grand Rapids, MI 49503.

Press Conference 930am January 7th in front of 82 Ionia