The U.S. National Labor Relations Board (NLRB) has reportedly deemed Apple to have violated the country’s labor laws. The iPhone maker faces a formal complaint from NLRB’s regional director if the company does not settle.
NLRB has discovered that Apple’s work rules, handbook rules, and confidentiality rules impinge employees in their right to organize and discuss matters relating to terms of employment, wages, et al., or speak with the media.
Apple’s workplace rules and policies “tend to interfere with, restrain, or coerce employees in the exercise of their right to protected concerted activity,†thus violating section 8(a)(1) of the National Labor Relations Act.
Additionally, NLRB spokesperson Kayla Blado who spoke with Bloomberg, saidOpens a new window that Apple “found merit to a charge alleging statements and conduct by Apple — including high-level executives — also violated the National Labor Relations Act.â€
Blado’s statement refers to two complaints filed by former Apple employees Ashley Gjøvik and Cher Scarlett, alleging that the company, currently the most valuable in the world, stymied employees by promising to take stern action against those who shared company information with the media or attempted to discuss compensation and other matters with fellow co-workers.
Gjøvik, a former senior engineering program manager at Apple, claims that the company fought her on expressing concerns about an Apple office in Sunnyvale, California, being built on a contaminated toxic site which could have serious ramifications on employee health.
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She was fired in September 2021 for what Gjøvik claims were retaliation for leaking this information to the Environmental Protection Agency (EPA).
In the same month, Apple CEO Tim Cook sent the following email after a journalist tweeted details of an internal all-hands meeting:
“I’m writing today because I’ve heard from so many of you who were incredibly frustrated to see the contents of the meeting leak to reporters. This comes after a product launch in which most of the details of our announcements were also leaked to the press.
I want you to know that I share your frustration. These opportunities to connect as a team are really important. But they only work if we can trust that the content will stay within Apple. I want to reassure you that we are doing everything in our power to identify those who leaked. As you know, we do not tolerate disclosures of confidential information, whether it’s product IP or the details of a confidential meeting. We know that the leakers constitute a small number of people. We also know that people who leak confidential information do not belong here.â€
Here’s my NLRB filing about Tim Cook’s “snitches get stitches” email sent on Sept 21 2021: pic.twitter.com/PDGOHpFnR0Opens a new window
— Ashley M. Gjøvik, JD (@ashleygjovik) February 1, 2023Opens a new window
The NLRB hasn’t formally filed a formal complaint yet and, by its own admissionOpens a new window , has no legal basis for penalizing Apple. However, finding merit, which differs from confirmation of guilt, gives the federal agency a weighty prerogative to formally complain against the tech giant, which would entail an administrative law proceeding before an authority figure, i.e., a judge.
Apple could appeal the judge’s decision, which would then be referred to the NLRB itself. If the issue is still unresolved, the matter would then go to a federal appeals court.
Notwithstanding that, Apple can avoid a formal complaint by settling with the NLRB.
Apple was previously at loggerheads with the NLRB when the latter filed a complaintOpens a new window against the company over allegations (by Communications Workers of America) of illegally conducting captive audience meetings, making coercive statements, interrogating employees and undertaking other union-busting measures in Atlanta.
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