The National Labor Relations Board (NLRB) has issued a complaint alleging that Apple is violating employees’ rights to organize and advocate for better working conditions by maintaining a series of illegal workplace rules.
According to a Reuters news report, the labor board is accusing Apple of requiring employees nationwide to sign unlawful confidentiality, non-disclosure and non-compete agreements and imposing broad misconduct and social media policies.
Allegations of Unlawful Rules and Actions at Apple
Reuters reports that Apple “interfered with, restrained and coerced employees in the exercise of” their rights under federal labor law. Apple has issued a statement denying those allegations.
In January, an administrative judge will hear the case if Apple does not settle it. The agency seeks to require Apple to rescind the allegedly illegal rules and notify its entire U.S. workforce of their legal rights.
The complaint stems from charges filed against Apple in 2021 by Ashley Gjovik, a former senior engineering manager. She had alleged that several rules at Apple, including those relating to confidentiality and social media use, deter employees from discussing issues such as pay equity and sex discrimination with each other and the media.
She also filed a lawsuit in California federal court last year accusing Apple of unlawfully retaliating against her for filing complaints with NLRB, which the company has denied.
Additional Apple Cases Pending
Apple is facing at least two other pending NLRB cases, one is that it fired an employee at its Cupertino headquarters for criticizing managers and illegally interfered with a union campaign at a retail store in Atlanta.
The company has denied wrongdoing. Also in May, NLRB ruled that an Apple store manager in Manhattan illegally interrogated an employee about his support for a union. Since 2022, two Apple stores in the U.S. have unionized and unions are working to organize at several other locations.
Employees’ Rights When It Comes to Unions and Organizing
Federal employment law, primarily under the National Labor Relations Act (NLRA) of 1935, protects employees’ rights to organize a union, engage in collective bargaining, and participate in other activities related to improving conditions in the workplace.
The National Labor Relations Board (NLRB), which monitors unionization efforts and makes sure employers respect workers’ rights, is in charge of administering and enforcing the law.
Under the NLRA, employees can form, join, or assist a union. Workers can create or join labor unions to negotiate better wages, hours, and conditions. They can assist in organizing efforts, such as recruiting members or distributing union literature.
Employees also have the right to engage in collective bargaining. Once a union is established, workers have the right to collectively negotiate with their employer over conditions of employment, including pay, benefits, and workplace policies.
The law also states that employees have the right to participate in “protected concerted activities.” This includes actions where two or more employees act together to address workplace issues.
It also protects individual employees acting on behalf of others. On the other hand, employees also have the right to opt out of joining a union or participating in union activities without retaliation.
The NLRA prohibits employers from engaging in certain behaviors that interfere with employees’ organizing rights. Under the law, employers cannot:
- Threaten or force employees to stay away from engaging in union activities.
- Spy on union activities, surveil employees or even give the impression of surveillance.
- Retaliate against employees for participating in union activities, such as firing, demoting, or reducing wages.
- Refuse to bargain in good faith with a duly elected union.
The NLRA does not apply to certain workers, including government employees, agricultural laborers, independent contractors, and supervisors. Additionally, employers may limit organizing activities during work hours or in certain areas of the workplace as long as those rules are applied equally.
Employers Cannot Retaliate Against Employees for Union-Related Activities
The law prohibits employers from retaliating against employees for engaging in union-related activities. This protection covers all stages of union involvement, including organizing efforts, membership, and participation in collective bargaining or other concerted activities aimed at improving wages, benefits, or other conditions in the workplace.
Retaliation can take many forms, including but not limited to:
Termination or suspension: This involves firing or disciplining an employee because of their union activities is prohibited.
Demotion or reassignment: An employer cannot reduce an employee’s duties or pay or transfer them to a less desirable position due to union involvement.
Harassment or threats: Employers cannot intimidate or threaten employees for participating in union activities or for supporting a union.
Reduction in benefits or hours: Any action that negatively affects the employee’s working conditions as punishment for union involvement is considered retaliation.
If employees believe they have been retaliated against, they can file a complaint with the NLRB, which investigates such claims. The NLRB may order remedies, such as reinstating the employee, compensating for lost wages, or requiring the employer to cease unlawful practices. These protections ensure that employees can exercise their rights without fear of punishment or penalty.
What Steps Can You Take to Protect Your Rights?
If your employer is preventing you from forming a union or intimidating you for engaging in union-related activities, there are steps you can take to protect your rights:
Document the behavior. Keep detailed records of any actions or statements by your employer that may be unlawful. This includes threats, intimidation, demotion, termination, or any negative changes in your work conditions related to union activities. Having evidence like emails, memos, or witness statements can help strengthen your case.
File a complaint with the NLRB. You can file an unfair labor practice complaint if you believe your employer is violating your rights under the NLRA. The NLRB will investigate and, if necessary, take legal action to stop the employer’s unlawful conduct.
Contact an employment lawyer. An experienced employment attorney can provide legal advice and guide you through the process of filing a lawsuit if your rights have been violated. They can help you seek remedies such as reinstatement, compensation for lost wages, or damages for emotional distress.
Source: https://www.reuters.com/technology/apple-accused-by-us-labor-board-imposing-illegal-workplace-rules-2024-10-01/
