• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Supreme Court Sides With Starbucks, Deals Big Blow to NLRB

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: June 20, 2024
3 minute engagement
Supreme Court

The Supreme Court just dealt a blow to the National Labor Relations Board (NLRB) by making it harder for the federal labor agency to win early court injunctions for employees in cases involving labor disputes.

By raising the bar that the NLRB must clear to get preliminary injunctive relief, the new ruling essentially reduces the agency’s power to implement an employee-friendly status quo while the often yearslong administrative process of resolving labor disputes plays out.

The ruling is a win for businesses/employers and a loss for pro-union advocates.

Supreme Court ruling: Case background

The Supreme Court’s decision says that in 2022, six employees at a Memphis, Tennessee, Starbucks location formed an organizing committee and announced plans to unionize the store.

To help promote that effort, several store employees invited a local television news crew to visit the store after normal operating hours. A local news crew showed up and talked to the employees about why they were trying to unionize and what they hoped to achieve.

Starbucks management was not happy to learn about the media event, and it quickly launched an investigation. It later fired seven employees – who have since been dubbed the “Memphis 7” – who were involved with the event, saying they violated company policy.

The union that was aiding the employees filed charges with the NLRB, accusing Starbucks of violating federal labor law by interfering with the right to unionize and discriminating against union supporters.

The NLRB investigated and then issued a complaint against Starbucks.

NLRB moves to reinstate employees

Then the NLRB made the move that would lead to the Supreme Court decision. Specifically, it asked a federal district court in Tennessee to issue a preliminary injunction that would, among other things, reinstate the terminated employees during the pendency of the board’s administrative proceedings.

To support its request, it relied on statutory language from the National Labor Relations Act that says district courts can grant such preliminary injunctive relief when it is “just and proper” to do so.

The district court granted the board’s request, finding there was reasonable cause to believe that unfair labor practices had occurred and that the requested relief was just and proper. Thus, it applied what is referred to as the “reasonable cause” standard.

After the U.S. Court of Appeals for the Sixth Circuit upheld the district court’s decision in the NLRB’s favor, the Supreme Court agreed to accept the case for further review.

Supreme Court: Hold on a minute

The high Court explained that traditionally and in the vast run of cases, to get preliminary injunctive relief the party seeking such relief must show four things:

  • They are likely to succeed on the merits.
  • They are likely to suffer irreparable harm if the requested preliminary relief is not granted.
  • The balance of equities tips in their favor.
  • An injunction is in the public interest.

Before this decision, some courts applied this more stringent standard while others applied the reasonable cause standard to NLRB requests for preliminary injunctive relief.

The NLRB argued to the high Court that the lower standard should apply. But the Court decided that the agency placed too much reliance on the relevant statute’s “just and proper” language, explaining that those words are not powerful enough to displace the normally applicable four-part test.

“We do not understand the statutory directive to grant relief when the district court ‘deems’ it ‘just and proper’ to jettison the normal equitable rules,” the Court explained.

Traditional standard for injunctions applies

The “just and proper” language means only that courts have discretion when it comes to granting or denying requests for equitable relief, it said.

The board also argued that courts should apply a more deferential standard to its requests for preliminary injunctive relief because federal appeals courts review final board decisions with deference. The Court rejected this argument as well.

As a result, the Supreme Court ruled that courts considering NLRB requests for preliminary relief must apply the traditional four-part test.

The decision below was vacated, and the case was remanded.

Starbucks Corp. v. McKinney, No. 23-367 (U.S. 6/13/24).

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

Remote Hiring: Best Practices in the Age of COVID-19 and Beyond

Webinars

When AI Meets Performance Management: Using Technology Without Losing the Human Touch

Provided by Trinet

White Papers

TriNet – The Total Economic Impact of TriNet PEO (Forrester TEI Report)

Provided by TriNet

Webinars

HR Strategy and Tactics for an Uncertain Future

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Compensation
  • Employment Law
Pay Transparency Best Practices That Build Trust and Cut Risk

More employees feel left in the dark about their pay than HR leaders might expect: 22% disagree and another 29% strongly disagree that thei...

  • Employment Law
New Lawsuit Challenges Starbucks’ DEI Policy – 5 Keys to Watch

President Trump’s anti-DEI initiatives have moved into the private sector. First up: Missouri Attorney General Andrew Bailey has file...

  • Employment Law
Race Bias Suit Produces $1.25M Payout: What Happened?

The EEOC announced that an employer it targeted in a race bias suit will pay $1.25 million and take other significant steps to end the liti...

  • Employment Law
  • Recruiting
5 Traits to Look for Next Time You Hire a Supervisor

Like good frontline employees, every good supervisor is unique. The best supervisors come with some common traits that make them succee...

  • Employment Law
FLSA crackdown continues: DOL targets child labor violations

The U.S. Department of Labor (DOL) continues its crackdown on FLSA violations. Last week, we told you about million-dollar payouts for wage...

  • Employment Law
Repeated complaints about sexual harassment: Key mistake in response leads to $400K payout

The McDonald Oil Company agreed to pay $400,000 to settle a sexual harassment lawsuit, the EEOC announced in a press release. According ...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.