On March 28, 2024, Kaplan Hecker & Fink LLP filed an amicus brief in the U.S. Supreme Court on behalf of the Service Employees International Union (SEIU) in support of Respondent in Starbucks Corporation v. McKinney (No. 23-367).

In this case, the National Labor Relations Board (“NLRB”) filed an administrative unfair labor practices complaint against Starbucks Corporation, after Starbucks terminated seven employees involved in union-organizing efforts at a Memphis store. While that administrative action remained pending, the NLRB filed a petition for temporary injunctive relief against Starbucks in federal district court pursuant to Section 10(j) of the National Labor Relations Act. The Supreme Court will decide the legal standard governing NLRB requests for temporary injunctive relief under Section 10(j).

KHF’s brief urges the Supreme Court to hold that district courts should adopt a deferential posture in assessing the merits and the equities underlying a Section 10(j) request from the NLRB. Our brief argues that the statutory history and structure, overarching statutory design, and early judicial interpretations of Section 10(j) support this view.

The KHF team includes Joshua Matz, Stephen Prifti, Kelsey Fraser, and case managers Angela Scorese and Amy Chen.

The filing, which can be read in full here, reflects the firm’s commitment to ensuring that the federal labor laws are correctly interpreted, and to preserving the dignity and worth of workers and the services they provide.