National Labor Relations Board v. Siren Retail Corporation Dba Starbucks

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIONAL LABOR RELATIONS No. 22-1969

BOARD,

National Labor Relations Board Petitioner,

OPINION

v.

SIREN RETAIL CORPORATION

DBA STARBUCKS,

Respondent,

----------------------------------------

WORKERS UNITED,

Intervenor.

On Petition for Review of an Order of the National Labor Relations Board

Argued and Submitted December 6, 2023 Seattle, Washington

Filed April 24, 2024 Before: M. Margaret McKeown, N. Randy Smith, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge McKeown

SUMMARY *

Labor Law

The panel granted the National Labor Relations Board’s application for enforcement of its order directing Starbucks Reserve Roastery in Seattle to “cease and desist from failing and refusing to recognize and bargain with the Union.” In February 2022, Workers United filed a petition seeking to represent 90 employees at the Seattle Roastery. Citing rising COVID-19 cases in the area, the Regional Director ordered a mail-ballot election, which took place in April 2022. Starbucks refused to recognize and bargain with the union, claiming that the Regional Director should have…