Takeaway: The National Labor Relations Act bars employers from interrogating union organizers and discriminating against union distribution of solicitation material in nonwork areas on nonworking time.
Apple Inc. did not violate the National Labor Relations Act (NLRA) when its managers asked an employee about union efforts and removed and destroyed union fliers from its breakroom, the 5th U.S. Circuit Court of Appeals ruled.
An employee worked at Apple’s retail store near the World Trade Center in New York City from September 2019 through September 2022. He reported directly to the store’s senior managers during his shift. In early 2021, he, along with several other store employees, formed an organizing committee in coordination with the Communications Workers of America labor union. Between January and May 2022, the employee regularly discussed wage increases with his co-workers. In April 2022, he raised the issue with a senior manager, who referred him to Apple’s human resources department, where he met with an HR representative.
On May 9, 2022, an Apple senior manager approached the employee on the sales floor, a space open to the public, shortly before the start of the first shift. It was the manager’s routine practice to speak with sales floor employees at the beginning of her shift, including the employee. She asked him how he was doing and mentioned that she heard he had met with HR. He replied that they had discussed his interest in securing higher pay for...
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