Workers United, represented by Cristina Gallo of Cohen Weiss and Simon LLP, and several former Starbucks employees, represented by Jessica Harris of Gladstein, Reif & Meginniss LLP, are challenging a federal judge’s order requiring them to comply with a subpoena seeking private communications about union sentiment at a Long Island Starbucks store.
In an appeal filed Friday, attorneys for Workers United organizer David Saff and former employees Joselyn Chuquillanqui and Justin Wooster objected to U.S. Magistrate Judge James R. Cho’s order compelling them to turn over internal discussions involving workers, the union, and the media.
The subpoena is part of an ongoing case brought by the National Labor Relations Board seeking injunctive relief under Section 10(j) of the National Labor Relations Act. The board is asking for reinstatement of Chuquillanqui, who was allegedly terminated for union organizing at Starbucks’ Great Neck, New York store.
Starbucks originally issued the subpoenas in December 2022, requesting documents related to employees’ views on unionization and any impact Chuquillanqui’s termination may have had on union support. The subpoenaed parties argue the request threatens employee confidentiality and could chill workers’ willingness to exercise their NLRA rights. They criticized one of Starbucks’ requests—seeking insight into how Chuquillanqui’s job performance may have influenced union backing—as a character attack in disguise. They also argued that the requests are overly broad, touch on confidential union strategy, and include materials that postdate the union election, making them irrelevant to the underlying unfair labor practice claims.
The subpoena dispute is part of Poor v. Starbucks Corp., Case No. 1:22-cv-07255 (EDNY).