Published
September 10, 2026
In a closely watched representation case involving Starbucks, the National Labor Relations Board (NLRB) recently underscored that election outcomes can turn on strict compliance with voting procedures. In Starbucks Corporation, 375 NLRB No. 7, the Board addressed whether two employee ballots cast in a mail-ballot election should be counted when the employees did not return their ballots through the U.S. mail as instructed.
The dispute arose from a 2022 organizing campaign at a Starbucks store in Seattle. The election was conducted by mail ballot, and the initial tally showed a 4-4 tie, with two challenged ballots that could determine the outcome. Both challenged voters had completed their ballots but delivered them directly to the NLRB regional office rather than mailing them. One employee personally handed a ballot to a Board employee, while another had a third party place the ballot in a drop box outside the regional office.
In a 2-1 decision, Chairman James R. Murphy and Member Scott Mayer concluded that the ballots could not be counted because the election notice and voter instructions expressly required employees to return ballots through the U.S. mail. The majority emphasized that the Board’s election procedures did not authorize hand-delivery of mail ballots and that employees must follow the Board’s stated voting instructions. According to the majority, preserving the integrity and consistency of the election process required sustaining the ballot challenges.
Member David Prouty dissented. He argued that neither the Board’s rules nor its election materials explicitly prohibited hand-delivery and that the challenged voters made good-faith efforts to cast valid ballots. In his view, there was no evidence of ballot tampering or compromised election integrity, and the employees should not have been disenfranchised.
The decision is noteworthy for employers because it demonstrates that election procedures matter. Even in an era when the Board has emphasized employee access to representation elections, the Board’s majority signaled that it will enforce technical voting requirements when those requirements are clearly communicated. Employers facing mail-ballot elections should carefully review election procedures and preserve objections when voting instructions are not followed, as procedural issues may ultimately determine the outcome of a representation election.
About the author
Sean P. Redmond
Sean P. Redmond is Vice President, Labor Policy at the U.S. Chamber of Commerce.
