Appeals court overturns NLRB finding that Starbucks' dress code violated union rights
The 2nd U.S. Circuit Court of Appeals reversed an NLRB ruling that Starbucks had illegally barred union-supporting apparel at its flagship Manhattan store.
The Second Circuit Court of Appeals vacated a National Labor Relations Board decision that Starbucks violated labor law by prohibiting workers at its high-profile Meatpacking District store from wearing union shirts or multiple pins. The judges argued that the board’s test was too broad, failing to consider the company’s legitimate need to maintain a particular customer-facing image. They ordered the board to apply a more nuanced balancing approach.
This ruling joins recent appellate decisions that curtailed the NLRB’s authority in dress-code disputes involving Home Depot and Tesla. The Manhattan outlet, which features a roastery and cocktail bar, already permits a narrow selection of pre-approved apparel supporting causes such as veterans and Black Lives Matter. The NLRB had originally ruled the policy unlawful because Starbucks could not demonstrate a special circumstance justifying the restriction. The panel’s reversal may reshape how employers set dress codes while respecting union activities.
Why it matters
The case could redefine limits on employer dress codes and workers' ability to display union support.
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