Yesterday, the U.S.Court of Appeals for the Fifth Circuit overturned a National Labor Relations Board (NLRB) decision that found Apple in violation of federal labor law at its World Trade Center retail store in New York.Here’s what that means.
A bit of background The case centers on events from 2022, during an organizing campaign by Apple store employees in coordination with the Communications Workers of America (CWA).One employee, Jordan Vasquez, testified that a senior manager asked him whether he had been speaking with coworkers about pay and how many people he had spoken to.The manager also allegedly inquired about unionization efforts.
The NLRB found this exchange to be a “coercive interrogation,” and found that Apple had violated the law by selectively removing union literature from the breakroom, while allowing other non-work-related materials, like restaurant coupons and newspapers, to remain.In its appeal, Apple argued that the conversation with Vasquez was innocuous, and that breakroom policies were enforced consistently and without regard to content.Today, as reported by (via ), the Fifth Circuit agreed: On the interrogation claim: The Fifth Circuit rejected the Board’s finding that Apple’s manager unlawfully interrogated Vasquez, and emphasized that the conversation happened in public on the sales floor as part of a routine check-in.
It also noted that the employee’s own testimony acknowledged he intentionally concealed his involvement in the organizing effort as a strategy to keep the campaign quiet until it went public days later.On the flyer removal claim: The Board argued that Apple’s enforcement was selective, which would have violated the law.But the Fifth Circuit again sided with Apple, pointing to consistent testimony that managers removed a variety of unattended written materials, including personal event flyers and farewell party notices.
9to5Mac’s take To use a euphemism, as Apple continues to navigate the fallout of unionization efforts across its U.S.stores, this week’s decision is a clear win, as it sets a precedent that goes against the NLRB’s interpretation of what counts as coercion and discrimination in the context of workplace organizing.In practice, for now, Apple avoids the remedies that had been ordered, which would have included cease-and-desist directives and the posting of notices in the workplace.
Still, the broader legal landscape around unionization efforts in tech remains tense as ever.AirPods deals on Amazon AirPods Pro 2, USB-C Charging: $149, down from $249 AirPods 4 USB-C Charging: $89, down from $129 AirPods 4, USB-C and Wireless Charging: $119, down from $179 AirPods Max, USB-C Charging, Midnight: $449.99, down from $549 You’re reading 9to5Mac — experts who break news about Apple and its surrounding ecosystem, day after day.Be sure to check out our homepage for all the latest news, and follow 9to5Mac on Twitter, Facebook, and LinkedIn to stay in the loop.
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