Several workers who support the union said they found the presence of these officials intimidating and, at times, surreal. They also complained that Starbucks had temporarily closed certain stores in the area, which they found disruptive, and said Starbucks had excessively added staff in at least one of the three stores that held elections. The workers said this had diluted support for unionization at the store.
Former National Labor Relations Board officials have said that these actions by the company could be interpreted as undermining the “laboratory conditions” that are supposed to prevail during union elections and that they could serve as grounds for throwing out the results. A regional director of the labor board recently overturned a union election at an Amazon warehouse in Alabama on similar grounds.
The former labor board officials also said that “packing” a store by hiring or transferring additional workers into it could be deemed unlawful if the additional workers did not appear to serve a legitimate business purpose and were likely to oppose the union.
Starbucks has said that it dispatched out-of-town officials and temporarily closed stores to help solve staffing and training problems and to remodel stores to make them more efficient. The company said that it added staff to deal with an increase in the number of workers calling in sick and that it had taken such steps across the country since the spring, when coronavirus infection rates dropped and stores became busier.
Rossann Williams, the North America president, said in an interview on Wednesday from Buffalo that she did not feel that the run-up to the vote had been especially contentious and that she had spent much of her time there this fall listening to employees (partners, in the company’s words) and addressing “the conditions that partners had pointed out.”
The company said it did not believe any of its actions would prompt the labor board to throw out election results.
Starbucks has also argued that workers at its roughly 20 stores in the Buffalo area should vote together in a single election, rather than the separate elections that the labor board ordered in late October. The company said that allowing individual stores to decide whether to unionize was problematic because employees could work at multiple locations and because the stores were largely managed as a group. A single, larger election typically favors the employer.