The US District Court for the District of Arizona ruled that the coffee chain was not eligible for commission because the National Labor Relations Board’s allegations on behalf of the employees were not unfounded. The amount of fees Starbucks requested has not been made public because the court allowed him to file a sealed fee statement with his attorney, Littler Mendelson PC.
According to the order, the NLRB sought a temporary injunction to restore the employment of three employees in April 2022: Lyra Dalton, Alyssa Sanchez and Tyler Gillette. A court dismissed the claim he made in June.
Starbucks alleged that NLRB “willfully misrepresented the facts and pursued unsubstantiated claims,” which were unfounded. Surveillance video showed Dalton recording her manager’s conversations in her absence without her manager’s permission, so the NLRB fired her for violating company policy rather than union activity. Starbucks said it should have known.
Although Starbucks characterizes “not all”
Additionally, Sanchez filed an affidavit that Starbucks stopped granting her rescheduling requests after she engaged in union activity, and Gillette filed an affidavit stating that Starbucks stopped granting her rescheduling requests after she engaged in union activity, and Gillette filed a medical bill after Starbucks learned of his union activity. He still claims to have withdrawn the facility.
Later evidence indicated that Sanchez’s denials were made before she engaged in union activities.
NLRB represented itself. Littler Mendelson PC represents Starbucks.
This case is Overstreet v. Starbucks Corp., D. Ariz., No. 22-cv-00676, 1/27/23.