Ambiguous Civility Policy Burns Workers
The story of Alexandra, a union organizer who found herself on the wrong side of Starbucks' unlawful "How We Communicate" policy.
This article, uploaded primarily to support my original piece, “Civility Policies Run Amok-accino,” was produced with substantial assistance from artificial intelligence.1
A US National Labor Relations Board (NLRB) decision shed light on Starbucks' efforts to stifle unionization at its Philadelphia stores. At the center of this case is Alexandra Rosa, a leader of the union organizing committee and a shift supervisor with an unblemished employment record.
Alexandra's union advocacy garnered media attention, with her name appearing in articles in The Nation and The Philadelphia Inquirer.
Key events unfolded on June 4, 2022, when Alexandra, working the opening shift, found herself in a tense situation with a fellow employee, Leslie Lewis. Leslie, who’d told Alexandra the previous day that she may call out for a personal reason, claimed to have vomited and requested to leave early, but Alexandra, short-staffed and doubtful of Leslie’s claim of having vomited, denied the request. (The NLRB decision provides extensive personal detail about Leslie’s illness claim and states that Alexandra “reasonably believed” Leslie was lying.)
That evening Leslie vented frustrations on a private Instagram — a “finsta” visible only to Leslie and five friends, including Alexandra — prompting Alexandra to respond with a contentious, profane comment defending her actions.
Seizing upon Leslie’s complaint about this private exchange, Starbucks initiated an investigation, denying Alexandra’s request for union representation during the process, a potential violation of her rights under the National Labor Relations Act. Further, Starbucks disregarded its own standard practices by failing to collect a statement from Alexandra or consider her perspective.
Ultimately, Starbucks terminated Alexandra's employment for allegedly violating the "How We Communicate" policy (as well as the company’s illness policy, which states, “In the case of an employee who is vomiting, the employee is to be excluded and allowed to return after 24 without symptoms”).
The NLRB's findings paint a different picture, however, revealing a pattern of disparate treatment and retaliatory actions against Alexandra and other union supporters.
The NLRB's decision dissects Starbucks' disciplinary practices, exposing the company's selective enforcement of policies and the disproportionate consequences meted out to Alexandra. While other employees faced written warnings for comparable or even more egregious violations, Alexandra's dismissal stood out as retaliatory.
The NLRB found that Starbucks violated the National Labor Relations Act by maintaining and enforcing the overly broad "How We Communicate" policy, which employees could reasonably interpret as discouraging protected activities. The decision also highlighted Starbucks' failure to bargain collectively with the union before altering conditions of employment.
Citing the employer’s "proclivity for violating the Act," the NLRB imposed meaningful remedies, including reinstating Alexandra and making her whole for lost wages and other material harms resulting from her discharge.
Additionally, the company was ordered to rescind its "How We Communicate" policy, furnish employees with revised policies that do not infringe upon their rights, and bargain with the union before implementing any changes to terms and conditions of employment.
While employers have a legitimate interest in maintaining workplace civility, this case demonstrates that such policies require precise drafting and consistent, fair, nondiscriminatory enforcement.
Read the full NLRB Decision, which includes extensive detail describing the workplace events leading up to the filing.
The prompt used with Claude.ai to assist with this article:
”Write a narrative, maybe about 3000 words, about the National Labor Relations Board decision involving Alexandra Rosa and the Starbucks Corporation. Specifically, focus on Starbucks civility policy, "How We Communicate," and how it was misused to penalize Rosa for her union activity. Include the penalties the NLRB applied to Starbucks.
“I am uploading a copy of the NLRB decision. All the facts are in this NLRB decision Starbucks Corporation vs. Workers United. I'd like those facts related to Rosa and the civility policy extracted and put into a narrative that would be compelling to the average reader.”