The Alphabet Workers Union has filed a complaint against Google with the National Labor Relations Board after the company told employees to avoid discussing its ongoing antitrust case. According to the union, this directive is overly broad and may violate workers’ rights to discuss issues related to their employment.
On August 5, just after a US District Court ruled that Google holds an illegal monopoly, Kent Walker, Google’s president of global affairs, sent an email instructing employees to “please refrain from commenting on this case, both internally and externally.” This isn’t the first time Walker has made such a request, he sent a similar message at the start of the trial last fall.
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The union argues that such communications could discourage employees from engaging in protected activities, like discussing their working conditions, which are legally protected by labor laws.
Experts like Charlotte Garden, a labor law professor, point out that if employees feel discouraged from discussing the case, it could infringe on their rights. The Department of Justice has suggested that resolving Google’s anticompetitive practices might even require breaking up parts of the company, which could significantly impact employees’ roles.
“We respect Googlers’ rights to speak about their terms and conditions of employment,” Google spokesperson Peter Schottenfels said in a statement to The Verge. “As is standard practice, we’re simply asking that employees not speak about ongoing litigation on behalf of Google without prior approval.”
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Even though Walker’s email didn’t outright ban discussions about the antitrust case, the NLRB might still view it as a potential violation if it appears to stifle employee speech.
The NLRB is currently investigating the union’s charge. Typically, the NLRB takes seven to 14 weeks to evaluate such complaints. Meanwhile, Google is scheduled to return to court in April to discuss possible remedies for its alleged antitrust violations.