[HN Gopher] Apple 'created decoy labor group' to derail unioniza...
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       Apple 'created decoy labor group' to derail unionization
        
       Author : LinuxBender
       Score  : 240 points
       Date   : 2022-12-18 18:02 UTC (4 hours ago)
        
 (HTM) web link (www.theregister.com)
 (TXT) w3m dump (www.theregister.com)
        
       | renewiltord wrote:
       | Thankfully. Labor unions have historically been xenophobic and
       | racist. As they have weakened they have become more inclusive.
       | Make them strong and they will succumb to their atavism.
       | 
       | Confoederationes commercii delendae sunt
        
         | impeplague wrote:
         | There is something as old as unions that is not historically
         | xenophobic and racist?
        
       | ngoilapites wrote:
        
       | DannyBee wrote:
       | Their main complaint and ask here is not the "decoy group",
       | despite the headline. That is because they can't meaningfully
       | complain that apple created a non union group to hear concerns
       | and give employees a voice (regardless of whether it did). Such a
       | complaint would be hilarious.
       | 
       | Instead, the main complaint is that apple held captive audience
       | meetings and wants the NLRB to ban them.
       | 
       | As they well know, they are legal. The NLRB did ban them many
       | years ago, and the supreme court overturned the ban. See
       | https://en.m.wikipedia.org/wiki/Captive_audience_meeting
       | 
       | Whatever one may think of them, it will take Congress or States
       | to change it, not the NLRB. Congress was very close last year on
       | it, too.
        
         | lsy wrote:
         | > That is because they can't meaningfully complain that apple
         | created a non union group to hear concerns and give employees a
         | voice (regardless of whether it did). Such a complaint would be
         | hilarious.
         | 
         | This isn't true. Employer unions are prohibited by the NLRA,
         | and the linked complaint's third violation is listed as
         | "Creating and soliciting employees to join an employer-created
         | / employer-dominated labor organization as a means of stifling
         | Union activities." This attorney's site gives examples of when
         | employer-sponsored groups start to violate the NLRA's
         | provisions banning employer unions, which is when these groups
         | start to discuss working conditions:
         | 
         | https://laborlaw.foxrothschild.com/2017/08/articles/general-...
         | 
         | > When the employer creates and sponsors an employee group
         | where the discussion turns to subjects such as employee pay,
         | employee benefits, or even matters such as employee work
         | schedules, this creates a risk that the NLRB might find that
         | the employer has improperly created something that is the
         | equivalent of an employer sponsored union.
        
           | DannyBee wrote:
           | The case you cite was overturned by the DC circuit and sent
           | back to the NLRB for reconsideration a year or two ago. The
           | NLRB found again last month in favor of the CWA, and it will
           | be appealed again (and the CWA will lose again) to the DC
           | circuit, because it is in, fact, true.
           | 
           | If the employer says "we want to hear what you think can be
           | better about your pay, your benefits, or your work
           | schedules", there is nothing illegal about this. Even if it
           | creates groups to do so.
           | 
           | To the degree the NLRA tries to ban this, it would be struck
           | down as applied. Courts will construct it to focus on the
           | bargaining aspects of a union rather than speech aspects.
           | This is very clear from precedent, and in line with what
           | happened at the DC circuit. None of the unions have been dumb
           | enough to spin the wheel here because the result is obvious.
           | If they tried to control non-union speech-related feedback
           | loops, it would fair very poorly, and has so far in court.
           | 
           | It is true the NLRA tries to ban company unions, but the part
           | most likely to stand these days, is again, effectively
           | "company controlled collective bargaining" (IE the company
           | elects representatives and only bargains with a company
           | controlled/elected union), etc.
           | 
           | Again, i'm not stating a position of whether this is good or
           | not, just trying to accurately state the current legal
           | reality.
        
         | Zigurd wrote:
         | This is an Americanism. Where workers councils are used
         | effectively, it is alongside a unionized workforce, and these
         | councils are created with the union as a partner. Only in
         | America, where "right to work" means the right to dilute union
         | power, would a sham union be legalized instead of prosecuted as
         | a fraud.
        
           | zdragnar wrote:
           | Actually, isn't "right to work" is the standard for most
           | European countries? Forcing workers to join a particular
           | union as a condition of being hired (or compulsory payment of
           | dues without even joining) is the standard in the US but
           | illegal elsewhere.
        
             | svenpeter wrote:
             | I work at a unionized company in Germany and didn't have to
             | join the union or pay any dues to start working.
             | 
             | Technically employees who aren't part of the union aren't
             | entitled to the benefits they negotiated. In reality
             | everyone gets the same benefits anyway because otherwise
             | the employer would create a huge incentive for everyone to
             | join the union which would make strikes hurt even more.
        
         | gtvwill wrote:
         | Not really sure how you got to that point. I'd say given the
         | way the document words it, point (1) Holding a mandatory
         | captive audience meeting in which its representative stated
         | that the Employer would refuse to bargain certain subjects if a
         | union was formed; and (3) Creating and soliciting employees to
         | join an employer-created / employer-dominated labor
         | organization as a means of stifling Union activities are both
         | equally "unfair labor practices".
         | 
         | >>>"That is because they can't meaningfully complain that apple
         | created a non union group to hear concerns and give employees a
         | voice (regardless of whether it did). Such a complaint would be
         | hilarious."
         | 
         | Why? unfair labor practices can be a whole host of things. I'm
         | not American but according to https://www.nlrb.gov/about-
         | nlrb/rights-we-protect/the-law/in... it would seem Apple is on
         | the wrong side of the law in this one arguably. I wonder if
         | they try this stuff in Aus?
        
       | BiteCode_dev wrote:
       | Funnily, if it would have been Twitter, it would have been all
       | the rage for a week.
       | 
       | Because it's Apple, everybody will have forgotten and forgiven
       | tomorrow.
        
       | Macha wrote:
       | See also ERGs.
        
       | newaccount2021 wrote:
        
       | gjvc wrote:
       | Jobs' "reality distortion field" continues
        
       | jasonhansel wrote:
       | > In a memo issued in April, National Labor Relations Board
       | General Counsel Jennifer Abruzzo asked the NLRB "to find
       | mandatory meetings in which employees are forced to listen to
       | employer speech concerning the exercise of their statutory labor
       | rights, including captive audience meetings, a violation of the
       | National Labor Relations Act.
       | 
       | You can read the memo here--I find its case very compelling:
       | https://apps.nlrb.gov/link/document.aspx/09031d458372316b
       | 
       | Normally I'd say "call your congressperson," but this is in the
       | executive branch, so I'm not sure how to best support it.
        
         | nerdponx wrote:
         | Congress has the power to make laws that the Executive Branch
         | is responsible for enforcing.
        
         | changoplatanero wrote:
         | When I had a job that was represented by a union they forced us
         | all to listen to the union representative who came in and gave
         | their pro union propaganda to everyone. I was annoyed that they
         | didn't have anybody to present the opposite point of view.
        
       | jcampbell1 wrote:
       | Jennifer Abruzzo openly flouts the law of the land. It is hard to
       | take the NLRB seriously during her tenure. All she is doing is
       | halting action while we wait ages for the courts to dismiss her
       | theories.
        
         | onphonenow wrote:
         | Yeah, even as a non lawyer the nlrb findings seem out there
         | these days. She'll be around for a while - retread Trump is a
         | no go in 24 - I'll be donating heavily to dems again and I'm
         | confident many others will to vs having him back in charge
        
       | NaturalPhallacy wrote:
       | I've defended Apple on a lot of occasions, but this is
       | indefensible.
       | 
       | The only thing worse than a bad union is no union.
        
       | sovietmudkipz wrote:
       | Embrace, extend, extinguish. The EEE playbook
        
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       (page generated 2022-12-18 23:00 UTC)