Thinking about unionizing at Starbucks? 500+ stores already have. Know your legal rights and what Starbucks can't do.

If you’re a Starbucks employee thinking about organizing, the National Labor Relations Act (NLRA) is the law that protects your right to act together for better wages, working conditions, and respect on the job. Passed in 1935, the NLRA is the foundation of American labor rights—and it’s as relevant today as ever.

What the NLRA Protects

Section 7 of the NLRA guarantees you the right to:

• Form, join, or assist a union,

• Bargain collectively through representatives you choose,

• Engage in “concerted activities” for mutual aid or protection,

• Refrain from any or all of these activities.

Most private-sector employees—including Starbucks baristas and shift supervisors—are covered. However, managers, supervisors, independent contractors, agricultural and domestic workers, and government employees are not.

The Role of the NLRB

The National Labor Relations Board (NLRB) enforces the NLRA. It:

• Conducts union elections,

• Investigates unfair labor practice charges,

• Issues decisions and orders,

• Seeks enforcement in federal court.

If Starbucks interferes with your rights—by threats, discipline, or surveillance—the NLRB can step in.

What Activities Are Protected?

You have broad rights to organize and act collectively. Protected activities include:

• Talking about unions and sharing information,

• Wearing union buttons or clothing (with reasonable limitations),

• Attending union meetings and signing authorization cards,

• Distributing union literature during non-work time in non-work areas,

• Discussing wages, hours, and working conditions,

• Presenting group complaints to management,

• Voting in union elections and campaigning,

• Participating in contract negotiations, strikes, and picketing after unionization.

Limitations:
You must organize on your own time, not during work. Employers can set reasonable rules about solicitation and distribution, and violence, threats, or harassment are not protected.

The Starbucks Union Movement: Where Things Stand

Since December 2021, Starbucks workers have led one of the most significant union campaigns in recent history. Over 500 stores have unionized, representing more than 10,000 workers. Despite this, no store has reached a first contract, and more than 700 unfair labor practice charges have been filed against Starbucks.

Achievements:

• 33 tentative agreements reached,

• Increased public attention to working conditions,

• Legal findings that Starbucks violated workers’ rights.

Challenges:

• No binding contract at any store,

• Ongoing disputes over bargaining,

• Continued allegations of unfair labor practices.

What Starbucks Cannot Legally Do (and Has Done)

The NLRA prohibits Starbucks from:

• Threatening employees for union activity,

• Promising benefits to discourage unionization,

• Interrogating or surveilling union supporters,

• Firing or disciplining workers for union activity,

• Refusing to bargain in good faith.

Real examples:
The NLRB has found Starbucks guilty of firing union organizers, threatening workers, closing stores after union votes, and refusing to bargain at dozens of stores. Many workers have been ordered reinstated with back pay.

How to Organize: Practical Steps

If you’re considering organizing, here’s how to start:

Before you begin:

• Learn your rights under Section 7,

• Connect with Starbucks Workers United,

• Talk informally with coworkers,

• Identify respected leaders,

• Prepare for a long process.

Building support:

• Have one-on-one conversations,

• Listen to coworkers’ concerns,

• Build trust and relationships,

• Address questions honestly,

• Keep support confidential.

The process:

• Collect authorization cards,

• File for an election with the NLRB,

• Campaign and vote in a secret ballot,

• If the union wins, begin bargaining.

Protecting Yourself During Organizing

Your organizing activity is legally protected. If you face retaliation:

• Document everything (dates, details, witnesses),

• Save communications and compare treatment to non-union supporters,

• Report issues to HR and the union,

• File an unfair labor practice charge within 6 months.

Retaliation can include:
Termination, discipline, reduced hours, undesirable schedules, denial of promotions, transfers, harassment, or exclusion.

Filing an Unfair Labor Practice Charge

If your rights are violated, you can file a charge with the NLRB:

• Online: Fill out Form NLRB-501,

• In person: Visit your regional NLRB office,

• By mail or fax: Download and submit the form.

Include:
Your contact info, Starbucks’s details, description of the violation, dates, witnesses, and supporting documents.

Process:
The NLRB investigates, may issue a complaint, and an Administrative Law Judge hears the case. Remedies include reinstatement, back pay, posting notices, and bargaining orders.

The Contract Negotiation Stalemate

Unionizing is just the first step. Getting a contract requires sustained effort. Starbucks and Workers United have reached tentative agreements, but no store has a binding contract. The law requires bargaining in good faith, but there’s no penalty for delay, and employer resistance is common.

Your Rights During a Strike

Strikes are a powerful tool, but you need to know your rights:

• Economic strikes: You can be permanently replaced, but not fired.

• Unfair labor practice strikes: You cannot be permanently replaced and must be reinstated.

During a strike:

• You have the right to picket peacefully,

• You can ask others not to cross the line,

• You can return to work when the strike ends.

Using Caira to Understand Union Documents

Caira can help you:

• Review NLRA provisions and NLRB procedures,

• Analyze Starbucks’s communications for violations,

• Prepare documentation for ULP charges,

• Understand your rights during organizing and strikes.

Review Checks for Union Activity

Before organizing:

• Do you understand your Section 7 rights?

• Have you connected with the union?

• Are you prepared for resistance?

During organizing:

• Are you organizing on your own time?

• Are you documenting retaliation?

• Are you honest about union promises?

If facing retaliation:

• Are you keeping records?

• Have you reported to HR and the union?

• Are you within the 6-month deadline for a ULP charge?

After unionization:

• Do you understand the contract process?

• Are you staying engaged?

• Are you documenting ongoing issues?

The Starbucks union movement shows that workers can organize and win legal protections, even against a large employer. If you’re considering organizing, know your rights, document everything, and reach out for support. Thousands of Starbucks workers have already taken these steps.

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This information is for educational purposes and is not legal, financial, or tax advice. Outcomes vary depending on the evidence submitted and its strength. Labor law is complex and the specific facts of your situation matter.