Labor Lawyer, Andrew Strom, joined America’s Work Force Union Podcast to talk about the upcoming Starbucks Corp. v. McKinney case before the U.S. Supreme Court that could impact the strength of the National Labor Relations Board.
In the upcoming weeks, the Supreme Court will hear oral arguments in the Starbucks Corporation v. M. Kathleen McKinney case. Starbucks, joined by several corporate interest groups, is trying to make it harder for the NLRB to obtain preliminary injunctions against employers. Strom talked about the case's potential fallout and the argument's strength. He said depending on which decision is made by the Supreme Court would significantly impact the NLRB's strength, either weakening or strengthening it.
Strom said many worker issues that go to America’s judicial system can usually be predicted before the hearings start. He talked about the general process for cases to be heard by the NLRB and why they often get drawn out. Employers have been able to extend the process for around five years. Strom said many employers get away with their infringements by delaying the process for so long.
The only way to prevent these extensions from happening is to have the NLRB file a preliminary injunction against the employer. Unfortunately, these injunctions have been used infrequently, Strom said. Of the 8,000 cases deemed to have merit to be heard by the NLRB in 2023, a preliminary injunction was used in only 14 cases. Strom noted that the Board has always been cautious when seeking injunctions and tends only to use that process in more egregious cases.
Hear more about the upcoming hearings by listening to the show above.