Starbucks employee seeks review of blocked vote on removing SBWU union

“This is inconsistent with the plain language of [National Labor Relations Act] Section 9(c), which states what the NLRB ‘shall’ do, a nondiscretionary term,” according to Kuban’s brief. “The Board…should overturn Rieth-Riley’s merit-determination [ruling]….”

The filing further claims that even under existing case law—including Rieth-Riley—the dismissal was not justified since there was no outright refusal by Starbucks management to negotiate with union representatives. It cites another decision, Saint Gobain, in which Foundation attorneys secured a ruling requiring an evidentiary hearing when it is alleged that employer misconduct led workers to lose confidence in their union—a hearing Kuban says she never received.

Earlier this year, Rayalan Kent—another worker supported by the Foundation—submitted arguments in his own case involving similar issues after his attempt at decertifying his union was blocked following years-old unfair labor practice allegations.

“The NLRB’s so-called ‘merit-determination’ dismissal policy serves no purpose other than letting union officials block workers’ right to make a free decision on whether they want union monopoly ‘representation’ in their workplace,” said Mark Mix, president of the National Right to Work Foundation. “Ms. Kuban speaks for countless independent-minded workers across the country in seeking to eliminate this unfair policy. Upon confirmation, President Trump’s new appointees to the NLRB should prioritize cases like hers, and defend workers’ freedoms from union bosses’ attempts to gain more control over their working lives and pocketbooks.”