Starbucks Corporation, (2023)

• Date: 02 November 2023

JD(SF)–34–23

La Quinta, California

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

DIVISION OF JUDGES SAN FRANCISCO

STARBUCKS CORPORATION

Respondent

and Case 21–CA–304228

WORKERS UNITED LABOR UNION

INTERNATIONAL, affiliated with SERVICE

EMPLOYEES INTERNATIONAL UNION

Charging Party

Lisa McNeill, Esq.,for the General Counsel.

Michael L. Kibbe, Esq.,David R. Comfort, Esq.,Michael G. Pedhirney, Esq.,

and Rana Haimout, Esq.

(Littler Mendelson, PC), for the Respondent.

Robert S. Giolito, Esq. (Law Office of Robert S. Giolito, PC),

for the Charging Party.

STATEMENT OF THE CASE

AMITA BAMAN TRACY, ADMINISTRATIVE LAW JUDGE. A hearing was held in this matter

in Los Angeles, California on May 9and August 1, 2023.Workers United Labor Union

International, affiliated with Service Employees International Union (Union or Charging Party)

filed the charge on September 27, 2022.1The General Counsel, through the Regional Director

for Region 21 of the National Labor Relations Board (the Board), issued a consolidated

complaint and notice of hearing on January 9, 2023.2Starbucks Corporation LLC (Respondent

or Starbucks) filed a timely answer to the complaint.

The complaint alleges that Respondent violated Sections8(a)(1) and (4) of the National

Labor Relations Act (the Act) by issuing subpoenasduces tecum on about September 14 to

employees3Jazmine Cardenas (Cardenas) and Andrea Hernandez (Hernandez) because the

employees gave testimony in the form of written affidavits in a prior unfair labor practice

complaint (Case 21–CA–296716) or otherwise cooperated in the Board’s investigation in Case

1All dates hereinafter are in 2022 unless otherwise noted.

2Although originally consolidated in this matter, on March 24, 2023, the General Counsel withdrew charge

21–CA–304375 and severed certain allegations from the consolidated complaint.

3Starbucks’ employees are referred to as partners (Transcript (Tr.) 29).

JD(SF)–34–23

2

21–CA–296716. The alleged unlawful portions of the subpoena duces tecum, which

were identical for Cardenas and Hernadez, are:

1. All audio and/or video recordings of any Starbucks’ current or former managers,

supervisors, leaders or agents at the La Quinta store relating to union organizing at Starbucks’ La 5

Quinta stores, and/or the allegations contained in the complaint. In addition, if a written

transcript of such a recording has been prepared, also provide copies of the same.

2. Communications with the media concerning your employment with Starbucks, the

Union, and/or the allegations contained in the complaint. 10

3. Documents provided by you to the Union and/or Region 21 concerning the

allegations contained in the complaint, including but not limited to documents concerning the

conduct of managers, supervisors, leaders or agents of Starbucks.

15

4. Communications between you and the Union and/or Region 21 concerning the

allegations contained in the complaint, including but not limited to communications concerning

conduct of current or former managers, supervisors, leaders or agents of Starbucks.

5. All statements, declarations, or affidavits, in any form, and any drafts thereof that 20

you have prepared or that have been taken from you by Board personnel, a representative of the

Union, or any other person relating in any way concerning the allegations contained in the

complaint.

6. Communications with current and/or former employees of Starbucks concerning 25

any communication between Store Manager Matt Burton and other partners at the La Quinta

store or other Starbucks’ locations.

7. Communications with current and/or former employees of Starbucks concerning

any violations by employees of Starbucks’ policies at Starbucks’ La Quinta store or other 30

Starbucks’ locations.4

8. Documents, communications, and recordings that contain any information

concerning any act or failure to act alleged in the complaint or the credibility of any witness or

potential witness in this proceeding. 35

9. All documents, including electronically stored information such as emails,

voicemails, and text messages, sent by you or received by you from any Board official,

employee, or personnel from Region 21.

40

10. All documents, including electronically stored information such as emails,

voicemails, and text messages, related to, discussing, or referencing your employment with

Starbucks.

4The complaint includes this request twice as an alleged violation of the Act. I will disregard this error.