The Board has held that activity is concerted if it is “engaged in with or on the authority of other employees, and not solely by and on behalf of the employee himself.”
A three-member panel of the NLRB adopted an administrative law judge’s dismissal of allegations Apple, Inc., violated Section 8(a)(1) of the NLRA by threatening, coercing, and interrogating an employee about sending mass emails, and threatening discipline if the employee sent additional emails. The Board found the employer’s communications to the employee were not in response to protected concerted activity, nor would any employee have reasonably perceived the communications as limiting their right to engage in protected concerted activities going forward. Additionally, the Board adopted the ALJ’s dismissal of an allegation the employer violated Section 8(a)(1) by disciplining and discharging the employee based on the ALJ’s finding that the General Counsel failed to establish the employee engaged in concerted activity (Apple, Inc., 374 N.L.R.B. No. 109 (May 13, 2026)).
Technical flaw. The employee began working for Apple as a software engineer on January 26, 2015. She worked on Project Alloy, an engine that supported a fraud-prevention platform used across Apple. In April of 2020, the employee found what she perceived to be a critical technical flaw in Project Alloy. Team members, including the employee, and her manager, disagreed on the best path forward to deploy the project. The employee had great...
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