U.S. labor Board charges Apple with illegal tactics against retail workers

According to an NLRB ruling, Apple used illegal means this year to suppress unionization in Atlanta. The Cupertino company is accused of “interrogating and coercing” employees, Bloomberg reports, discriminating against union supporters and holding mandatory anti-union rallies.

Despite the ruling, the National Labor Relations Board (NLRB) has no authority to impose damages, but its actions could lead to a federal case if Apple denies its remedies. The NLRB concluded that Apple violated federal law by questioning and coercing employees, and while the board has historically refused to speak out against mandatory anti-union meetings, it indicates that may change in the near future. General Counsel Jennifer Abruzzo argues that “captive audience” gatherings are inherently coercive and illegal, and is pursuing cases against other companies that could change the precedent.

Unions have tried to establish themselves in an unprecedented number of Apple stores this year, with mixed results. In June, employees at a Maryland store voted to join the International Association of Machinists (IAM), making it the first Apple store in the entire U.S. just 21 years after the first location opened, while employees in Oklahoma City voted in favor. chose to join the Communications Workers of America (CWA) in October. But other attempts have been unsuccessful, and Apple’s role in the negotiations has come under increasing scrutiny.

The IAM withdrew a union application for a St. Louis store in late November despite clear support from 82 employees, complaining that “anti-union practices and increased hostility toward workers” were factors in its decision. The union accused the company of “requiring Apple Store employees in St. Louis to attend a public meeting and making threats of retaliation if the employees choose to organize with the IAM.” The NLRB also filed a complaint against Apple regarding a New York store, citing questioning and surveillance of staff and discrimination against union supporters. And it has been reported this year that Apple has sent a script of anti-union talks to its retail executives.

But the most famous case involves the store in Cumberland, Atlanta, where the CWA withdrew a unionization attempt in May, days before the vote was due to take place. The union accused Apple of “a systematic, sophisticated campaign to intimidate [workers] and interfere with their right to form a union.”

Apple’s stance on unionization is staunch and difficult to defend. It has argued that “union organizations have no understanding of how Apple works and may not be committed to employees as Apple is.” Try telling that to the employees who reported in 2021 “a profound breakdown in how the company’s corporate values ​​translate to the front lines.” They said complaints about working conditions and pay were ignored, performance evaluations were based on factors beyond their control, and insufficient support was given to workers exposed to stressful situations. It would be interesting to see what a well-supported union would make of such terms and conditions.

In February, Apple changed employee compensation, doubled sick days from six to 12, increased vacation days for full-time and part-time employees, and added paid parental leave and reduced childcare benefits.

“Apple executives don’t think the rules apply to them,” the CWA said in response to the NLRB ruling. “Holding an illegal audience meeting in captivity is not only union destruction, but also an example of psychological warfare. We applaud the NLRB for recognizing captive audience gatherings for exactly what they are: a direct violation of labor rights.”