In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No. 24-60242 (5th Cir. July 7, 2025), the court reversed an NLRB decision and found Apple did not violate the National Labor Relations Act (the “Act” or “NLRA”) during a union organizing drive at its New York City retail store.

Background: The Apple Store Organizing Drive

The dispute stemmed from a unionization effort by Apple employees working with the Communication Workers of America (“CWA”). The NLRB had found Apple at fault for (1) coercively interrogating an employee about union activities, and (2) unlawfully removing union flyers from the breakroom. Apple pushed back, arguing its actions were routine, neutral, and lawful.

Fifth Circuit’s Findings

The court scrutinized a manager’s conversation with an employee involved in the organizing effort. The manager’s questions about wage discussions and unionization took place during a routine, public check-in on the sales floor. Crucially, the manager reaffirmed the employee’s right to discuss unionization and made no threats or reprisals. The court found no evidence of union animus or coercion, emphasizing that casual, non-threatening inquiries—even about union matters—are not automatically unlawful. The employee’s evasive response was attributed to strategic secrecy, not fear. The court held that the NLRB’s...

Read Full Story: https://news.google.com/rss/articles/CBMisgFBVV95cUxQQy1TNFk1d0hYcnFlTVllTUtv...