The U.S. Supreme Court sided on Thursday with Starbucks in the coffee chain’s challenge to a judicial order to rehire seven Memphis employees fired as they sought to unionize in a ruling that could make it harder for courts to quickly halt labor practices contested as unfair under federal law.
The justices threw out a lower court’s approval of an injunction sought by the U.S. National Labor Relations Board (NLRB) ordering Starbucks to reinstate the workers while the agency’s in-house administrative case against the Seattle-based company proceeds.
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The court ruled the legal test used wasn’t correct in granting the injunction. The lower court needs to apply a different test which still can lead to granting the injunction. It’s less likely that the injunction will stand, but it’s not impossible.
I’m surprised Gorusch didn’t draft a separate opinion suggesting Starbucks employees are obligated to freeze to death, just as a victory lap.
https://www.democracynow.org/2017/3/24/watch_sen_al_franken_grills_neil
