NLRB says certification of Sweetwaters union effort issued ‘erroneously’ 

Sweetwaters Coffee & Tea,, W. Washington. Street, Ann Arbor

While a group of employees of Sweetwaters Coffee & Tea in Ann Arbor appeared to have had their union recognized, an error has derailed that process for the time being.

According to online records, National Labor Relations Board (NLRB) Regional Director Elizabeth Kerwin issued a certification notice June 21 verifying that a majority of the ballots cast during an election held Jan. 25 were in favor of Teamsters Local 243, the local chapter of the International Brotherhood of Teamsters, being recognized as the exclusive bargaining representative for all full-time and regular part-time baristas, senior team leads, and team leads at Sweetwaters’ four Ann Arbor-area locations. 

Organized by a group called Sweetwaters Baristas United (SBU), the election saw 53 ballots cast out of 84 eligible employees, with employees voting 28 to 25 for union representation. The delay was due to the NLRB deciding challenges on 11 of the ballots as they could have been determinative to the outcome of the election. 

However, Kerwin confirmed for the Michigan Advance that the certification was issued “erroneously” as objections to the election by Sweetwaters ownership have not yet been ruled upon.  

“The certification will be revoked and the matter remanded to the hearing officer to rule upon the Employer’s objections,” Kerwin said via email on July 3.

However, as of Monday, the certification remained on the NLRB website. Union supporters, meanwhile, have already celebrated the win.

Sweetwaters union Instagram post

“It has almost been a year since the baristas of Sweetwaters corporate cafes began their attempts to bargain for better workplace conditions,” said SBU in a social media post. “And it has been 7 months since they filed for a union with the NLRB. Since then, the corporate team has resisted the union every step of the way. Instead of initially recognizing the union, they demanded an election which was won in the union’s favor. Then, they challenged the results of that election and dragged out the process of recognizing the union. They have spent an unimaginable amount of money on legal fees to keep the union out and to resist paying their workers a decent wage.”

SBU said its eventual success included the holding of community pickets and the filing of unfair labor practice complaints. 

“The result of their hard work has led to today, when the union won! Worker power won!!,” it said.

Sweetwaters owner Lisa Bee, who said the NLRB also confirmed the certification was issued in error, has maintained that a union is not necessary, previously telling the Michigan Advance that 90% of their employees are students, who mostly work part-time or seasonally.

 “We strive to provide them with the flexibility they need to accommodate their educational needs. We pay above the state minimum wage, and our team members earn between $16.49 and $22 per hour, not counting whatever they receive in cash tips from our generous guests,” said Bee.

The effort to unionize Sweetwaters baristas follows a similar effort at local Starbucks coffee stores, among more than a dozen locations in Michigan that have voted to unionize, but continue to bargain for a contract with the corporation.

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