The following is the [XGNews]: Former Apple employees complained that cook’s remarks to punish leakers violated U.S. law recommended by xgapn.com.
It is reported that a former employee dismissed by Apple submitted a complaint to the National Labor Relations Commission (NLRB) that Apple’s restrictive employee manual and CEO Tim Cook’s recent remarks on punishing whistleblowers violate U.S. law.
Ashley gjovik, a former Apple employee, alleged that cook’s statement that “employees who disclose confidential information do not belong here” in all employee emails in September this year violated the national labor relations act of the United States, which aims to protect the right of American workers to communicate with each other before, so as to take collective action against workplace problems.
Cook wrote that apple “is sparing no effort to find the leaker” and “we will not tolerate the disclosure of confidential information, whether it is product IP or the details of confidential meetings.” prior to this, the media just reported all the internal meetings held by apple the previous week, At the meeting, management answered questions related to pay equity and Texas anti abortion laws.
Jovik’s complaint also believes that several policies in Apple’s employee manual illegally interfere with employees’ rights, including restricting the disclosure of “business information”, communicating with reporters, disclosing colleagues’ salaries or posting impolite tweets.
Apple has yet to comment.
Jovik is a senior engineering project manager. She was dismissed by apple in September after complaining to U.S. state and national agencies, including the U.S. Occupational Safety and health administration, the U.S. Equal Employment Opportunity Commission and NLRB.
In the documents shared by jovik, apple said she was suspended for violating the policy of divulging confidential product information. Jovik believes that she was retaliated by apple because of her previous complaint. She said that after expressing her concerns about health hazards in the workplace, she was harassed, humiliated and asked not to tell her concerns to other colleagues.
Complaints submitted to NLRB are investigated by district officials. If they find that the allegations are well founded and cannot mediate settlement, they will appeal on behalf of NLRB’s general counsel. The judge of the committee is then responsible for the judgment. The decisions of these judges can be further appealed to members of the national labor Commission in Washington and then to the federal court.
The Committee has the power to order enterprises to change illegal policies and let employees know their rights, but generally speaking, they have no right to hold senior executives personally responsible for misconduct or impose punitive damages.
Due to the appointment of U.S. President Biden, Democrats with trade union background take charge of the office of the general counsel of NLRB and occupy a majority of the members of the agency, which increases the chances of winning such complaints as jovik.
The relevant provisions of the staff code are one of the many problems faced by Jennifer Abruzzo, the new general counsel of the institution. She has expressed her intention to challenge the precedents of the trump era.
In a case involving Boeing in 2017, the Republicans who occupied the majority of NLRB ruled that the potential negative impact of some corporate policies on employees’ rights was sufficient to be explained by legitimate business reasons. Lauren McFerran, one of the members who disagreed in the case at that time, is currently the chairman of NLRB. She and other new Democratic majority members are likely to overturn such precedents.
Michael Duff, a law professor at the University of Wyoming and former lawyer of NLRB, said that according to the standards of the trump era, the rules described in Cook’s Memorandum and the policies mentioned in jovik’s complaint may be regarded as legal acts, but according to the previous jurisprudence that is more biased towards the interests of workers, “most of them” are likely to be found illegal.
Jovik’s case provides “an attractive tool” for Biden appointed officials, which can establish a precedent similar to trump’s previous cases, that is, if enterprise regulations “can easily be interpreted as” arbitrary interference in legally protected actions, these regulations will be prohibited.
Wilma Liebman, who served as NLRB chairman during the Obama era, said that the current NLRB is likely to find cook’s memorandum illegal.
In an interview with the media, lebman said that “cook’s words are too broad”. He prohibited the discussion of conference contents involving workplace issues, rather than simply prohibiting the disclosure of intellectual property rights. “This is restricting people from discussing employment policy.”
In an interview with the media, jovik said that her own case can help Biden’s NLRB officials establish a new precedent closer to workers, and promote the progress of workplace organizations by breaking the company’s confidentiality culture.
“In the final analysis, if employees are not allowed to speak freely under the protection of the law, they will never see systematic changes in apple,” she said
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