NLRB Advice Memoranda, Starbucks Coffee Company, National Labor Relations Board, (Feb 1, 2021)

Hi all:

Per our conversation yesterday: after further consideration, we agree with the Region that the July 22, 2019 demonstration did not lose the Act's protection. We recognize that this is a close case, falling somewhere between Restaurant Horikawa, 260 NLRB 197, 198 (1982), and Thalassa Restaurant, 356 NLRB 1000, 1000 n.3 (2011). However, the Employer has not shown that any customers complained nor that any left because of the protest or that it otherwise lost business, and the activity was brief. Accordingly, we authorize you to argue that this activity was protected in your scheduled hearing.

Sincerely,

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