Apple hires anti-union attorneys in escalating union combat

Apple is working with anti-union attorneys at Littler Mendelson in an escalating combat with retail employees in Atlanta who’ve filed for a union election. Though the corporate has not publicly said its stance on Apple Stores unionizing, the transfer sends a powerful sign that it plans to oppose employees organizing for higher pay and dealing situations.

Littler is at present representing Starbucks in its efforts to combat off employee organizing. It beforehand helped McDonald’s avoid responsibility in a 2014 case that alleged the corporate, as a joint employer, violated labor legal guidelines by retaliating towards employees who participated within the Fight for $15 marketing campaign.

“From the start I’ve thought unionization was a good thing,” stated one present retail worker who requested to stay nameless as they don’t seem to be approved to talk publicly in regards to the firm. “Pay is so unequal at the stores — there are people who’ve been in roles for less time making more than people who’ve worked in those same roles for years. They position themselves as a company that’s open to feedback but nobody acts on it. With a union backing the employees, they’ll be more pressure on them to actually act on it.”

Last week, Apple retail employees on the Cumberland Mall in Atlanta filed for a union election. The staff are unionizing with the Communications Workers of America. The transfer set off a firestorm of organizing exercise at Apple Stores throughout the nation.

“By retaining the notorious union busting firm Littler Mendelson, Apple’s management is showing that they intend to try to prevent their employees from exercising their right to join a union by running the same playbook as other large corporations,” stated CWA Secretary-Treasurer Sara Steffens. “The workers at Starbucks, another Littler client, aren’t falling for it and neither will the workers at Apple.”

Littler is open about its techniques to assist corporations keep away from unions. In a handbook on employee organizing obtained by The Verge, the agency instructs corporations on what they will and can’t do to dissuade employees from organizing, together with telling staff to vote “no” and prohibiting the distribution of pro-union literature if it creates a “litter problem” when pamphlets will not be thrown away accurately.

The handbook explains that corporations can ban union organizing throughout work hours. “Although working time is defined by the [National Labor Relations] Board to exclude meal and break periods, it is not necessary to specifically include this definition in a written policy so long as the term working time is used,” it reads.

One employee at an Apple retailer in New York stated the corporate has held captive viewers conferences — a tactic generally used to unfold anti-union messaging throughout work hours. “There’s a lot of misinformation that’s been spread trying to scare the masses,” the employee, who requested to stay nameless to guard their job safety, stated. “I think they’re panicking.”

The union combat comes after a tough two years for retail employees who’ve needed to cope with COVID-19 outbreaks and psychological well being crises exacerbated by heavy workloads.

Littler additionally helps corporations determine union exercise. A handbook part on “recognizing subtle signs of union activity,” reads, “A considerable increase in the number of employee group conversations and the tendency for discussions to stop suddenly when a supervisor approaches may indicate that a union drive is in progress.” It provides, “Every work location has one or more employees who command the respect and trust of their coworkers. When those dynamics suddenly change and a new leader appears, he or she may be the primary union organizer in the company. The new leader may be the one who made the first union contact, or perhaps someone the union planted in the facility to organize the employees.”

Apple declined to touch upon its relationship with Littler. In a press release, Apple spokesperson Nick Leahy stated, “We are fortunate to have incredible retail team members and we deeply value everything they bring to Apple. We are pleased to offer very strong compensation and benefits for full time and part time employees, including health care, tuition reimbursement, new parental leave, paid family leave, annual stock grants and many other benefits.”