SEIU-Backed Starbucks Baristas Go On Strike in Kansas
On Saturday, Starbucks’ workers in Overland Park, Kansas went out on what the union states is an “unfair labor practice” strike1.
“The strike began at 8 a.m. at the Starbucks at 10201 West 75th Street, where workers gathered outside to protest poor working conditions and alleged retaliation against employees trying to unionize,” reported the Kansas City Star.
The workers, backed by the SEIU-affilated Starbucks Workers United, were also supported on the picket line by other SEIU affiliates, Workers United and “Stand Up KC” (part of the SEIU-backed “Fight for $15” campaign).
As of now, it is unknown whether the strike is a one-day “nuisance” or “quickie” strike, as is often the case with SEIU-backed strikes, or whether the workers will stay on strike for a longer period of time.
It is unlawful to permanently replace striking workers who are engaging in a strike over unfair labor practices. Conversely, according to the National Labor Relations Board, economic strikers can be permanently replaced under current law:
“If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement.” [Emphasis added.]