The U.S. Supreme Court appears poised for a decision that might disrupt the established deference given to the National Labor Relations Board (NLRB) in unfair labor practice cases. Notably, the justices have indicated an inclination towards supporting Starbucks in a litigation that involves dismissed workers who had endeavored to instigate a union.
A report by The National Law Journal provides insight into the case, Starbucks Corp. v. M. Kathleen McKinney. The dispute revolves around the appeal of Starbucks against a ruling in favor of seven discharged baristas who had undertaken a campaign to unionize their coffee shop in Memphis, Tennessee. The critical matter under deliberation is the appropriate test that the courts should apply before imposing injunctions on employers, waiting on an NLRB investigation to discern any violation of labor laws.
The Supreme Court seems to favor vacating the more lenient standard of the Sixth Circuit for issuing such an injunction. The justices appear to confirm what Starbucks maintains as the traditional four-part test for such relief, consequently shifting the dynamics between courts and the NLRB in labor law disputes.