Tag: labor
Apple Violated U.S. Labor Laws With Anti-Leak Email
Rules that Apple has established around leaks “tend to interfere with, restrain or coerce employees” from the exercise of their rights under the National Labor Relations Act, says the NLRB, as do statements from “high-level executives.”
The NLRB’s decision references an employee email that was sent out by Apple CEO Tim Cook in November 2021. Cook said that people who leak confidential information about Apple “do not belong” at the company, whether they were discussing “product IP or the details of a confidential meeting.” At the time, he threatened that Apple was doing “everything in [its] power to identify those who leaked.” From Cook’s email:
I’m writing today because I’ve heard from so many of you 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.
Cook’s email wasn’t referencing a product leak, but was instead aimed at employees who had shared details about a meeting focused on pay equity, working from home, COVID vaccinations, and more.
According to the NLRB, Cook violated worker rights with his statements, and as a result, Apple will need to settle with the NLRB to avoid a complaint. The NLRB is not able to act on its own to punish companies for violations, but NLRB complaints are reviewed by administrative law judges and can head to federal court where policy changes can be enacted.
Last year, the NLRB also said that Apple violated federal law by holding mandatory anti-union meetings and interrogating and coercing employees at its Atlanta and New York store locations.
This article, “Apple Violated U.S. Labor Laws With Anti-Leak Email” first appeared on MacRumors.com
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CWA files unfair labor practice charge against eBay’s trading card subsidiary
The Communications Workers of America (CWA) has filed an unfair labor practice charge against eBay-owned TCGplayer on behalf of workers at the trading card marketplace. The organization says TCGplayer supervisors and managers, including founder and CEO Chedy Hampson, illegally surveilled union activity in recent weeks.
Workers at TCGplayer are trying to unionze and this week, a supermajority filed for a union representation election. If they’re successful, they’ll form TCG Union/CWA, which will be the first union within eBay.
Within the past two weeks, multiple TCGPlayer supervisors and managers, including the CEO, have patrolled the floor of the authentication center, taking note of employees who have worn any clothes or insignia identifying them as supporters of @TCGunionCWA.
— CODE-CWA (@CODE_CWA) January 27, 2023
The CWA claims that TCGplayer higher-ups have walked the floors of the company’s authentication center in Syracuse, New York. It says the supervisors and managers were taking note of employees who wore clothing or badges that identified them as supporters of the union drive. “This conduct constitutes unlawful surveillance of union activity and further created an impression of surveillance designed to interfere with, restrain and coerce employees in the exercise of their rights guaranteed by Section 7 of the National Relations Labor Act,” the CWA said in a statement.
The workers renewed their attempts to form a union after eBay bought TCGplayer late last year in a deal worth up to $295 million. They previously tried to organize in 2020, but withdrew their union election petition a few days before the vote. The CWA says that TCGplayer thwarted those efforts by bringing in a union-busting firm and running “an intense anti-union campaign where workers were regularly ordered to attend captive audience meetings and disparaged by management in company communications.”
Engadget has contacted TCGplayer and eBay for comment.
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Apple will audit its labor practices in the US after union-busting accusations
Apple has agreed to review its labor practices in the US after regulators and employees accused the company of union busting. In a filing with the Securities and Exchange Commission ahead of its annual shareholders meeting, Apple said it would carry out an assessment of its “efforts to comply with its Human Rights Policy as it relates to workers’ freedom of association and collective bargaining rights in the United States by the end of calendar year 2023.”
The company will bring in a third-party firm to conduct the audit, according to The New York Times. A group of investors, including five New York City public worker pension funds, that controls around $7 billion worth of Apple stock called for the assessment in a September shareholder proposal. New York City Comptroller Brad Lander, who started talks with Apple on behalf of the city pension funds, told the Times that Apple agreed to the audit if the investors withdrew the proposal.
“Workers organizing at Apple for a collective voice in their workplace have reported strong pushback from the company — that flies in the face of Apple’s stated human rights commitment to workers’ freedom of association,” Lander said in a statement. “I’m grateful to Apple’s board of directors for listening to the concerns of shareholders regarding worker rights and hope the company will heed the findings of the third-party assessment and take concrete steps to adopt a genuine commitment to non-interference that respects the rights of its workers.”
In a letter to Apple chairman Arthur Levinson, the investor group urged Apple to hire a firm with expertise in labor (and that has not advised clients on how to prevent workforces from unionizing) to carry out the review. The investors also brought Microsoft’s neutral stance on labor organizing to Levinson’s attention and urged Apple to include its global supply chain and non-US operations as part of the audit.
“Apple has made commitments to worker rights globally as well as in its supply chain, and while much of the current organizing activity has occurred in the US, there are Apple worker organizing efforts occurring around the world, including in Australia and the UK,” they wrote. “Addressing these topics at a global level can add credibility to the assessment and address other potential areas of concern proactively and efficiently.”
News of the assessment comes amid talks between Apple and unionized workers at a store in Towson, Maryland over their first union contract. Workers in at least a half-dozen stores have accused Apple of violating labor laws, claiming that the company has clamped down on attempts to organize. The Communications Workers of America, which represents a collective of Apple Store workers in Oklahoma City, said in a National Labor Relations Board filing that the company set up an illegal union controlled by management at a store in Columbus, Ohio to thwart support for an independent employee union.
“While a credible, independent assessment by individuals or organizations with the appropriate expertise on workers’ freedom of association could uncover important information about Apple’s response to worker organizing, including its use of union busting consultants, workers need concrete solutions now. Apple must commit to a true policy of neutrality toward union organizing efforts,” the Communications Workers of America told Engadget in a statement. “Apple’s workers deserve respect and a voice on the job, not just another self-congratulatory exercise in corporate image management. We support investor advocates’ efforts to ensure this is a credible audit.”
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Labor trends in 2023: Over-employment, fatigue and hope
W elcome to Startups Weekly, a nuanced take on this week’s startup news and trends by Senior Reporter and Equity co-host Natasha Mascarenhas. To get this in your inbox, subscribe here. If there’s one thing I can rely on every new year, it is that people will debate whether resolutions are an irrelevant, capitalistic waste […]
Labor trends in 2023: Over-employment, fatigue and hope by Natasha Mascarenhas originally published on TechCrunch