US regulators found that Apple's emphasis on secrecy violates employee rights

After looking into claims made by two former employees, National Labor Relations Board authorities concluded that Apple broke several workplace standards and leadership statements. In the absence of a settlement with the former employees who complained about Apple's emphasis on confidentiality, an NLRB official will formally file a complaint against the corporation. The regional office of the NLRB "found merit to four charges alleging that various work rules, handbook rules, and confidentiality rules at Apple violated Section 8(a)(1) of the National Labor Relations Act because they reasonably tend to interfere with, restrain, or coerce employees in the exercise of their right to protected concerted activity," an NLRB spokesperson confirmed today. Photo Credit: Fast Track Teaching Materials Additionally, according to the NLRB statement, the regional office "found merit to a charge alleging that remarks and conduct by Apple, including high-level officials, also violated the National Labor Relations Act." That appears to be a reference to an email sent by Apple CEO Tim Cook to staff members warning them not to divulge proprietary information. The NLRB conclusions, as reported by The New York Times, were in reaction to "Ashley Gjovik, a six-year veteran of Apple's engineering program management team, and Cher Scarlett, an engineer on the company's security team, filed five accusations in late 2021... Both women were active members of the activism movement known as #AppleToo, which was compiling reports of harassment, abuse, and retribution at the firm." According to the NYT article, the former employees "accused the company of trying to stop the group from gathering salary data from employees, including through harassment," and "claimed that the company's work regulations banned them from discussing wages, hours, and terms of employment." According to a source, Gjovik said that "several Apple rules, particularly those relating to confidentiality and surveillance policies, restrict employees from discussing concerns like wage equity and sex discrimination with each other and the media." Tim Cook, the CEO of Apple, is believed to have sent an email in 2021 that purportedly sought to prevent employees from speaking to the media and stated that "those who leak secret information do not belong here." Photo Credit: CNBC

NLRB asks parties to reach a settlement

We contacted Apple regarding the NLRB finding, and if they respond, we'll update this post. Although it's not an official NLRB decision, the regional office's conclusion that the complaints have substance could result in a formal accusation against Apple. According to the NLRB statement, "if the parties do not reach a settlement, the Regional Director will issue a complaint, prosecuting this accusation in a hearing before an Administrative Law Judge, who may order remedies." A decision made by an administrative law judge may be challenged before the board, and the board may then be challenged before a federal appeals court. A decision made by an administrative law judge may be challenged before the board, and the board may then be challenged before a federal appeals court. Photo Credit: Watsone and Associates The NLRB is required under its usual procedure to assist the parties in reaching an agreement. "Every effort is made to promote a settlement between the parties when the NLRB inquiry finds sufficient evidence to substantiate the accusation. If a deserving case cannot be resolved, the agency files a complaint, "NLRB website provides details.