Background
This case arose from union organizing activity at a Starbucks store in Sylmar, California, in 2022. The National Labor Relations Board found that Starbucks managers made coercive threats, engaged in unlawful interrogation, and discharged an employee based on anti-union animus. An administrative law judge ruled against Starbucks on four charges, and the Board adopted some of those conclusions while reversing others. The Board ordered reinstatement, backpay, compensatory damages, and a new election.
The court’s reasoning
The court applied the substantial evidence standard to review the Board’s factual findings. It found that the Board’s conclusion regarding coercive threats against one employee was not supported by evidence that the promised benefits were part of an established wage system. However, the court upheld findings of coercive threats against two other employees and the coercive interrogation of a fourth employee. Regarding the discharge claim, the court found the administrative law judge’s comparator analysis faulty and held that timing alone was insufficient evidence of animus. Finally, the court ruled it lacked jurisdiction to review the order for a new election as it was not a final order under the National Labor Relations Act.
We GRANT the NLRB’s request for enforcement as to one of the claims of coercive threats against Pichardo, the claim of a coercive threat against Untaran, and Untaran’s unlawful interrogation claim because they are supported by substantial evidence.
Starbucks Corporation v. National Labor Relations Board, No. 24-60651 (5th Cir. June 23, 2026)
What it means going forward
The ruling partially enforces the National Labor Relations Board’s order, requiring Starbucks to address specific unfair labor practices while relieving it of liability for the employee’s discharge and the order for a new election. The decision clarifies the evidentiary standards for proving anti-union animus in discharge cases and reaffirms the limited scope of judicial review over representation proceedings.