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Starbucks baristas challenge constitutionality of NLRB in federal appeals court
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Today, the U.S. Circuit Court of Appeals for the District of Columbia heard oral arguments in a significant case involving Starbucks employees from New York. The case, Cortes v. NLRB, questions the constitutionality of the National Labor Relations Board (NLRB). Baristas Ariana Cortes and Logan Karam are represented by attorneys from the National Right to Work Legal Defense Foundation.

The lawsuit was initiated in 2023 and is notable for being the first to argue that protections against removing NLRB board members violate Article II of the Constitution's separation of powers doctrines. Since then, similar arguments have been made by the Trump Administration regarding Biden NLRB Member Gwynne Wilcox's removal, which is currently under litigation.

Mark Mix, President of the National Right to Work Foundation, commented on today's proceedings: "Ms. Cortes and Mr. Karam stand up for untold numbers of workers around the country in their battle to reform the NLRB."

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Tomorrow, May 16, the D.C. Circuit Court will hear another related case, Wilcox v. Trump.

The federal case filed by Starbucks baristas followed actions taken by Biden's NLRB that were perceived as disenfranchising workers. On April 28, 2023, Cortes requested a decertification election at her Buffalo-area Starbucks store after gaining support from her colleagues to remove SBWU union officials' bargaining powers. However, this petition was rejected due to unfair labor practice accusations against Starbucks Corporation made by SBWU union officials.

Similarly, Karam's attempt to initiate a decertification vote at his store faced rejection based on claims by SBWU officials. Consequently, both workers remain under union representation they oppose and have pursued legal action challenging the structure of the NLRB as unconstitutional.

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