Without being aware of all the details, Foster said he can't comment on the specifics of the case. But if the board finds Spot did not legally terminate the workers, it can order the company to reinstate them and award them back pay.

"The idea would be to make the employees whole as a result of the losses they suffered," Foster said. "That could be a long time down the road."

The board cannot assess fines, but it can require the company post a notice that the employer promises not to violate the law again.

Most cases are resolved before they get to the end of the lengthy NLRB process, he said.

Spot workers at the company's only Rochester location organized in May, represented by Workers United Rochester Regional Joint Board, which is helping Buffalo's Spot workers with their organizing efforts.

Gary Bonadonna Jr., Workers United's manager, said he has never seen any company be so blatant about illegally terminating workers for organizing as the union claims Spot Coffee was.