US Labor Board accuses Apple of illegally restricting workers’ rights

Former employee accuses company of developing a culture of silence on sensitive issues like discrimination, unionisation

Trade

Image: Apple

A US labour regulator has filed a complaint against Apple, saying the tech giant has violated workers’ rights to organise and advocate for better working conditions through a series of illegal workplace policies.

The National Labor Relations Board (NLRB) alleges that Apple entered into unlawful confidentiality, non-disclosure and non-compete agreements with its US employees. They also allege that Apple has adopted overly broad policies regarding misconduct and social media.

The NLRB’s complaint accuses Apple of hindering, restraining and coercing employees from exercising their rights under federal labour laws. In response to the allegations, Apple claims that the company has always respected employees’ rights to talk about wages, hours and working conditions, as evidenced by its benefits policy. The company strongly disputes the allegations and plans to argue its case at the upcoming hearing.

If no agreement is reached, a formal hearing will be held in January before an administrative law judge. The agency wants to force Apple to repeal the allegedly illegal rules and inform all US employees of their legal rights. Decisions by administrative judges can be reviewed by the five-member Labor Board, whose rulings can be appealed to federal appeals courts.

These charges stem from complaints that Ashley Gjovik, a former senior engineering manager at the company, filed against Apple in 2021. Gjovik alleged that various Apple rules, particularly those regarding confidentiality and the use of social media, discouraged employees from discussing issues such as equal pay and sexual discrimination both among themselves and with outside media.

Gjovik filed a lawsuit in federal court in California in May, accusing Apple of unlawful retaliation for filing an NLRB complaint and attempting to organise other employees. Apple denies these allegations. Although the judge on Tuesday dismissed most of Gjovik’s lawsuit, she did get to amend certain claims.

Apple currently faces at least two other ongoing NLRB cases accusing the company of firing an employee at its Cupertino headquarters for criticising management and of illegally interfering with a union campaign at an Atlanta store. The company denies any wrongdoing in these cases as well.

In May, the NLRB ruled that a manager of an Apple store in Manhattan had wrongfully questioned an employee about his support for a union. Since 2022, two Apple stores in the US have successfully unionised, and unions are actively organising in several other locations.

Business AM

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