Quote:
Different statutory scheme and only applies to single sites of employment with a certain number of employees - WARN is the federal statute. Many states have what are called baby WARNs with a lower employee threshold requiring notice. I doubt a Starbucks location has enough employees to trigger either. But the union is arguing that Starbucks had a duty to bargain with the union over the closings even though there was no contract in place. Regardless, the NLRA doesn't give the Board the authority it seeks.
Let me add - the NLRB has its own Administrative Law Judges. As they are employees of the Board, they are anything but neutral. You can expect the ALJ and then the Board to rule against Starbucks - that will take 18 months. Starbucks will then be able to appeal to the Circuit Court of Appeals of their choice - expect the 11th or 5th. The Board will get reversed.
A Supreme Court case to watch is
SEC v. Jarkesey which is challenging the constitutionality of the ALJ scheme. The 5th Circuit ruled against the SEC. Though I doubt the USSC will affirm b/c it will throw the entire area of administrative law into chaos (a good thing in my mind) there is hope that the employment of ALJs by the agencies they are supposed to be judging may get altered.
LGB