Apple Found Guilty of Union-Busting Activities at NYC Store by Labor Judge

People at an Apple store in Midtown Manhattan, New York City on Sept.21, 2018. (Spencer Platt/Getty Images)

Apple is in trouble for its anti-union busting practices at one of its 270 stores in the United States.

On June 20, a National Labor Relations Board (NLRB) judge, Lauren Esposito, ruled that the tech giant violated their employees’ rights by interfering with unionization efforts at the World Trade Center (WTC) location in New York City, reported Bloomberg.

Managers were accused of removing pro-union flyers in the break room and illegally attempting to dissuade employees from joining unions.

Prosecutors argued that this form of harassment led employees to end unionization efforts.

This is the first time an NLRB judge has ruled against Apple, who denied any wrongdoing.

Esposito ordered Apple to “cease and desist from coercively interrogating employees regarding their protected concerning activities and Union sympathies.”

Apple must also post a notice for employees at the WTC store of the decision and display their rights, along with a pledge not to suppress organizing.

The decision came after a previous hearing in front of the same judge in January, in which NLRB attorney Ruth Weinreb alleged that Apple’s union-busting actions prevented efforts to organize at the WTC store.

The NLRB also filed a separate complaint at Apple for allegedly violating federal labor laws by using similar tactics to stop organizers at a Cumberland Mall store in Atlanta, including mandatory anti-union workshops for employees and regular interrogations.

‘Coercive’ Questions

Esposito noted that an employee whistleblower said he withheld information about his relationship with union organizers from his manager when he was interrogated about the unionization drive.

The judge said that the action by the Apple manager “supports a determination that the questioning was coercive in nature” and was a violation of labor rights.

The employees who filed the complaint also provided continuous surveillance footage from the breakroom that showed pro-union flyers, which are protected by law, illegally being removed in non-work areas.

Esposito dismissed two key arguments made by Apple to justify its removal of the flyers, such as claims that they violated its solicitation policy and cleanliness standards.

Jason Stanevich, an attorney for Apple, told Esposito at the hearing in January that his client provides a positive work environment for staff.

“Apple fosters an open and inclusive work environment whereby employees are not just permitted, but encouraged, to share their feelings and thoughts on a range of issues, from social justice topics to pay equity to anything else that they feel is an important cause to promote in the workplace,” Stanevich said, reported Bloomberg.

Apple Employees Ride Wave Of Unionization Efforts

It was revealed in February 2022 that Apple store workers across the United States were planning to organize after wages failed to keep up with the rising cost of living due to inflation.

Higher pay is the top demand by Apple employees involved in the labor dispute, demanding that compensation be increased alongside inflation rates.

Last year, employees at an Apple store in Maryland and a store in Oklahoma voted to unionize.

However, workers at the St. Louis location abandoned plans to unionize, blaming similar tactics, as per the WTC store, by Apple, reported Engadget.

In April 2022, Apple hired the law firm Littler Mendelson, which also represents Starbucks, Mcdonald’s, and other companies in anti-union litigation.

The company allegedly instructed store managers to share anti-union sentiments, warning employees that joining a union could bring reduced pay, career opportunities, and time off.

That May, the Communications Workers of America (CWA) filed Unfair Labor Practice charges against Apple for union-busting efforts at stores in the World Trade Center and the Cumberland Mall.

Like at other Apple stores across the country, unionization efforts have been slowly gaining ground as workers attempt to organize in the wake of the pandemic.

Labor organizations have already won a series of landmark decisions in recent months against companies such as Starbucks, Amazon.com, and Chipotle, which long had banned employee unions.

The NRLB has the authority to order changes to company policies but cannot hold executives personally liable for violations or impose punitive damages on them.

NLRB rulings can be appealed to the board’s members in Washington and federal appeals court for a final decision.

Apple and its accusers at the WTC store have until July 18 to appeal the decision, after which time the labor board will enforce Esposito’s decision.

NLRB regional teams are reviewing 23 additional unfair labor practice claims against Apple, but each one could be dismissed or withdrawn before they eventually reach trial.

The CWA said that “workers should take notice” after the NLRB judge’s ruling.

“What Apple executives are doing is wrong,” said the CWA’s secretary-treasurer, Sara Steffens, in a statement.

“We have your back, and will hold them accountable,” she added.

Apple did not respond to The Epoch Times’ request for comment.