Starbucks employees challenge labor board structure in appeals court

New York Starbucks employees Ariana Cortes and Logan Karam have filed an opening brief with the D.C. Circuit Court of Appeals, challenging the constitutionality of the National Labor Relations Board (NLRB). The lawsuit argues that the National Labor Relations Act of 1935 violates Article II of the Constitution by protecting NLRB Board Members from removal at the president's discretion. This appeal follows a District Court decision dismissing their case due to lack of legal standing, without addressing whether the Labor Board’s structure meets constitutional requirements.

The brief, supported by free legal aid from the National Right to Work Legal Defense Foundation, disputes the District Court's ruling on standing and advocates for consideration of their constitutional challenge against the NLRB.

Cortes initially filed a petition on April 28, 2023, seeking a decertification election at her Buffalo-area Starbucks store to remove Starbucks Workers United (SBWU) union officials. Her petition was rejected by NLRB Region 3 due to unrelated unfair labor practice accusations against Starbucks Corporation. Similarly, Karam's decertification petition was also denied under similar circumstances.