N.L.R.B. v. STARBUCKS CORP.

Docket Nos. 10-3511-ag, 10-3783-ag(XAP).

679 F.3d 70 (2012)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Cross-Respondent, v. STARBUCKS CORPORATION, d/b/a Starbucks Coffee Company, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: May 10, 2012.


Attorney(s) appearing for the Case

Jeffrey W. Burritt , National Labor Relations Board, Washington, D.C., ( Robert Englehart , Supervisor Attorney, Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Acting Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, National Labor Relations Board, on the brief), for Petitioner-Cross-Respondent.

Patricia A. Millett , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C. ( Daniel L. Nash , Stacey R. Eisenstein , Hyland Hunt, Akin Gump Strauss Hauer & Feld LLP, on the brief), for Respondent-Cross-Petitioner.

Judge KATZMANN concurs with a separate opinion.


JON O. NEWMAN, Circuit Judge.

This petition for enforcement of an order of the National Labor Relations Board ("the Board") and an employer's cross-petition for review primarily concern the validity of an employer's dress code provision limiting employees to displaying only one pro-union button on their work uniforms. Also at issue are the discharges of two employees. These issues arise out of efforts to unionize employees...

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