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The National Labor Relations Board (NLRB) has accused Apple of illegally restricting the ability of employees to advocate for better working conditions on Slack and social media.
In a complaint issued Thursday reported by Reuters, the board accused Apple of various infringements on workers’ rights, including requiring employees to comply with company rules around the use of Slack which it claimed were ‘unlawful.’
The agency further claimed that Apple illegally fired an employee who advocated for full remote work, circulated a pay equity survey, and spotlighted reported instances of discrimination.
Why is Apple being accused of illegal infringements on workers’ rights?
The NLRB’s complaint stems from an earlier case in 2021, during which employee Janneke Parish alleged Apple fired her for her activity on the company’s communications platform.
Parish used Slack to publish letters that criticized the company and advocated for changes to company policies, as well as posting similar messages on social media.
According to the NLRB, Apple’s Slack policy prohibits employees from setting up new channels – a feature on the platform where users can organize conversations for any number of employees – without seeking permission first from management.
Another rule mandates any concerns to be directed to a manager or “People Support” groups, the complaint also reported.
Laurie Burgess, the lawyer representing Parrish, claimed to Reuters in an email that Apple’s behavior amounted to “extensive violations” of workers' rights.
"We look forward to holding Apple accountable at trial for implementing facially unlawful rules and terminating employees for engaging in the core protected activity of calling out gender discrimination and other civil rights violations that permeated the workplace," she wrote.
Apple has responded to the complaint refuting the allegations, asserting it is “deeply committed to creating and maintaining a positive and inclusive workplace.”
“We take all concerns seriously and we thoroughly investigate whenever a concern is raised and, out of respect for the privacy of any individuals involved, we do not discuss specific employee matters," an Apple spokesperson continued. “We strongly disagree with these claims and will continue to share the facts at the hearing."
What happens next for Apple?
The NLRB is pushing for Parrish to be reimbursed for lost income and other financial damages following her dismissal.
The agency is also demanding Apple revoke its policies around the usage of Slack. But Apple, which said it respects its employees’ rights to discuss working conditions, does not look set to settle with the NLRB.
If no settlement is reached, a hearing is set for February during which an administrative judge will make a ruling on the case. The judge’s decision can be reviewed by the labor board, with any subsequent rulings open for appeal in federal court.
The complaint also alleged Apple required another worker to delete a social media post, suggesting that Apple may be monitoring employee activity on social media.
Over half of US states have some type of ban on companies accessing social media profiles and some social media posts are protected: “You have the right to address work-related issues and share information about pay, benefits, and working conditions with coworkers on Facebook, YouTube, and other social media,” National Labor Relations Board guidance explains, caveating that mere gripes are not protected – only posts that have some relation to group action.
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Yvonne Evans, former Director of Employee Relations and Talent Management at the American Pharmacists Association, recently told HR Grapevine that the boundaries between personal and professional lives have been blurred, particularly with the rise of platforms like Facebook and Glassdoor.
“Employees now have a public forum to express their grievances or share their work-related activities, often leading to situations where their behavior outside of work becomes a matter of concern for employers,” Evans explained.
Evans added that the alternative to firing for infractions against company policy is to “provide clarity and understanding of the organization's policies and procedures regarding how and where to address problems.”
Apple under the spotlight for workplace rules
The case follows an earlier complaint filed against Apple by the NLRB in October, which similarly accused the tech giant of enforcing illegal workplace rules. The agency alleged 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 complaint came amid a backdrop of increased union activity at Apple, as Apple Retail Union-CWA, the union representing staff at stores in Towson Town Square, Maryland, and Oklahoma City, Oklahoma, made major breakthroughs by becoming the first groups to reach bargaining agreements with the company.
