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Apple has been hit by a complaint filed by the National Labor Relations Board (NLRB), which accuses the tech giant of enforcing illegal workplace rules.
An NLRB filing released Monday and reported by Reuters alleged that Apple required workers across the US to sign illegal confidentiality, non-compete, and non-disclosure agreements, and to comply with overly broad policies on misconduct and social media usage.
The NLRB asserts the behavior of the tech giant was unlawful and infringed on the rights of its employees to organize.
The complaint comes amid a backdrop of increased union activity at Apple, as employees including retail workers seek to organize. Bargaining agreements recently agreed at stores in Towson Town Square, Maryland, and Oklahoma City, Oklahoma, have represented major breakthroughs for Apple workers seeking union support.
Why has the labor board filed a complaint against Apple?
According to the complaint, Apple "interfered with, restrained, and coerced employees in the exercise of" employee’s rights under federal labor law.
The NLRB hopes to push Apple to remove the alleged policies relating to misconduct, disclosure agreements, and social media usage, and to ensure all US employees are consistently made aware of their legal entitlements.
The complaint stemmed from allegations made against the company in 2021 by a former employee.
Ashley Gjovik, a former senior engineering manager, filed a charge with the NLRB against Apple in 2021 criticizing alleged confidentiality and social media usage policies that she argued prevented employees from safely discussing topics, both internally and externally, including pay equity and gender discrimination.
Gjovik took legal action in May, claiming she was unlawfully retaliated against by Apple after filing her complaints with the NLRB and attempting to organize her co-workers. Apple has refuted these claims and the majority of her lawsuit was dismissed by a California federal court judge on Tuesday—but the judge has allowed Gjovik to rewrite some parts of her complaint.
Apple refutes complaints of employee ‘coercion’
Apple has further refuted the accusations made by the NLRB and says it will “firmly contest these allegations and “persist in presenting the facts during the hearing."
According to a statement from an Apple spokesperson, the company honors the rights of its employees to freely discuss wages, working hours, and working conditions. The spokesperson added that this is reflected in the company’s employment policies.
If Apple cannot reach a settlement with the NLRB on the matter outside of court, an administrative judge will make a ruling on the complaint subsequently reviewed by a five-member labor board. Any verdict could subsequently be appealed.
The company has also denied wrongdoing after two other ongoing NLRB charges, which accused it of illegally interfering with union activity at a retail store in Atlanta and of firing an employee at its California HQ for criticizing managers.
Moreover, in May, the NLRB ruled that a store manager unlawfully interrogated an employee about union involvement.
Recent victories for organizers at Apple have included the ratification of bargaining agreements at stores in Oklahoma City and Towson Town Square.
"After overcoming numerous obstacles that Apple has put in our way, we've secured the protections and improvements we deserve,” said Michael Forsythe, a Genius Admin and member of Apple Retail Union-CWA after the agreement was reached in Oklahoma. “We hope this encourages Apple's tens of thousands of retail workers across the country.”
Meanwhile, Derrick Osobase, CWA District 6 Vice President, used the agreement to call on Apple to reconsider its stance on unionization. "It's time for Apple to change course, hold itself accountable to their credo, and allow workers at all stores a free and fair opportunity to choose whether or not to join a union,” he said.
