The U.S. Court of Appeals for the Third Circuit has upheld a 2021 National Labor Relations Board (NLRB) ruling that Starbucks illegally terminated two Philadelphia employees, Echo Nowakowska and Tristan Bussiere, in 2020 due to their union organizing activities. The court ordered Starbucks to reinstate the employees and provide back pay. However, the court vacated a portion of the NLRB's order that required Starbucks to compensate the employees for 'all direct or foreseeable pecuniary harms,' citing the Thryv precedent and ruling that such remedies exceeded the NLRB's authority under the National Labor Relations Act (NLRA). The decision, which applies within the Third Circuit's jurisdiction, limits the NLRB's ability to impose monetary remedies beyond back pay and equitable relief. This ruling follows a broader legal battle over Starbucks' labor practices, including allegations of unfair treatment of union-supporting employees.
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Third Circuit Brews a Limit on NLRB’s Remedial Authority https://t.co/SCIJa1p2pD #Work #Constitution #Litigation @proskauer https://t.co/etqviUiaYx