NLRB accuses Activision Blizzard of violating labor law by threatening employees

A regional director for the National Labor Relations Board has determined there’s “merit to the allegations” that Activision Blizzard violated the National Labor Relations Act. It says there are indications the company and its subsidiaries Blizzard Entertainment and Activision Publishing maintained an “overbroad social media policy” and that Blizzard threatened employees who were exercising their right to organize. The findings were first reported by Bloomberg and confirmed to Engadget.

“These allegations are false. Employees may and do talk freely about these workplace issues without retaliation, and our social media policy expressly incorporates employees’ NLRA rights,” an Activision Blizzard spokesperson told Engadget in a statement. “Our social media policy explicitly says that it ‘does not restrict employees from engaging in the communication of information protected by law, including for example, rights of employees in the United States protected by the National Labor Relations Act.’”

If the company does not settle the case, the NLRB’s Los Angeles office will file a complaint. That will lead to a hearing in front of an NLRB Administrative Law Judge (unless a settlement is reached in the meantime).

While the agency can’t impose punitive measures against a defendant, it can require them to reverse punishments or policies; reinstate fired workers and provide backpay; or post notices containing promises not to break the law. An NLRB regional director can petition a district court for a temporary injunction if workers’ rights have been violated. The agency can also file cases in federal court.

The allegations were made in September by the Communications Workers of America (CWA). It accused Activision Blizzard in an Unfair Labor Practice filing of telling employees they can’t discuss wages, hours or working conditions; enforcing an “an overly broad social media policy” against workers who “engaged in protected concerted activity” (i.e. their right to organize or discuss unionization); and threatening or suveilling such employees.

The news comes on the same day that votes will be counted in a Raven Software union election. Quality assurance workers at the Activision Blizzard studio, who are organizing with the CWA as the Game Workers Alliance, got the go-ahead from the NLRB to hold a vote. If they’re successful, the group of 21 or so workers will form the first union at a AAA game publisher in North America, despite the company’s reported attempts to stymie their efforts.

Activision Blizzard’s labor practices came under intense scrutiny last July when California’s Department of Fair Employment and Housing accused it in a lawsuit of fostering a “frat boy” culture where sexual harassment and discrimination were present. Other suits have been filed against the company since, including a wrongful death case.

In the wake of the initial suit, Activision Blizzard workers formed an employee advocacy group called A Better ABK. They used social media to organize and share their concerns and demands publicly.

The company is the subject of a proposed $68.7 billion takeover by Microsoft. Its shareholders voted in favor of the deal last month, but regulatory approval is still required.

Update 5/23 3:10PM ET: Added Activision Blizzard’s statement.

A second Apple Store union election will take place next month

Employees at an Apple Store in Towson, Maryland have set a date for their union election. Workers at the Towson Town Center location will vote in person over four days, starting on June 15th.

The organizers call themselves Coalition of Organized Retail Employees (AppleCore). They’re aiming to unionize with the International Association of Machinists and Aerospace Workers. 

In a letter to Apple CEO Tim Cook, the group said “a solid majority” of staff supports the union drive. They said they are organizing “because of a deep love of our role as workers within the company and out of care for the company itself.” They want “access to rights that we do not currently have” and for Apple to apply the same neutrality agreements it has with suppliers to workers, “so that as employees we can obtain our rights to information and collective bargaining that the law affords us through unionization.”

They will be the second group of Apple Store workers to stage a union election. Those at the Cumberland Mall location in Atlanta will vote in early June on whether to join the Communications Workers of America (CWA).

Employees at Apple Stores other than the Towson and Atlanta locations are conducting union drives as well. Workers at the Grand Central Terminal store in New York City have been collecting signatures for a union vote.

While Apple has agreed to the elections in Maryland and Georgia, the company is reportedly fighting unionization efforts. It’s said to have hired the same anti-union law firm as Starbucks. The company has also reportedly used anti-union talking points in pre-shift meetings at some locations. This week, workers at two stores accused Apple of union busting in Unfair Labor Practice filings.

DOJ says security researchers won’t face hacking charges

The Justice Department doesn’t want security researchers facing federal charges when they expose security flaws. The department has revised its policy to indicate that researchers, ethical hackers and other well-intentioned people won’t be charged under the Computer Fraud and Abuse Act if they’re investigating, testing or fixing vulnerabilities in “good faith.” You’re safe as long as you aren’t hurting others and use the knowledge to bolster the security of a product, the DOJ said.

The government made clear that bad actors couldn’t use research as a “free pass.” They’ll still face trouble if they use newly-discovered security holes for extortion or other malicious purposes, regardless of what they claim.

This revised policy is limited to federal prosecutors, and won’t spare researchers from state-level charges. It does provide “clarity” that was missing in the earlier 2014 guidelines, though, and might help courts that weren’t sure of how to handle ethical hacking cases.

It’s also a not-so-subtle message to officials who might abuse the threat of criminal charges to silence critics. In October 2021, for instance, Missouri Governor Mike Parson threatened a reporter with prosecution for pointing out a website flaw that required no hacking whatsoever. The DOJ’s new policy might not completely deter threats like Parson’s, but it could make their words relatively harmless.

Apple Store workers at the World Trade Center accuse the company of union busting

The Communications Workers of America has filed a second Unfair Labor Practice charge against Apple this week. This time, the labor union is accusing the tech giant of violating multiple federal labor laws at its flagship World Trade Center store. The complaint alleges that Apple interrogated workers at the WTC store regarding their “protected concerted activities.” Apple also allegedly monitored those activities, or at least made employees believe that they were being monitored. Based on the group’s filing, those incidents happened on or about May 3rd. 

By May 15th, the group said Apple “unlawfully implemented” a rule at the store that prohibits employees from posting union flyers in work areas during their breaks. Further, it’s accusing the tech giant of conducting “captive-audience” speeches designed to discourage them from unionizing. 

Earlier this year, Apple Store workers across the US started planning to unionize in an effort to get the company to increase their pay, which they claim isn’t keeping up with the cost of living. Apple reportedly hired anti-union law firm Littler Mendelson, which counts Starbucks and McDonald’s as clients, in response. According to a Motherboard report, the company also recently started arming its Store managers with anti-union talking points. They were apparently instructed to tell employees that they could lose career opportunities, as well as personal time off and work flexibility, if they join a union. 

The Communications Workers of America also filed an Unfair Labor Practice complaint against Apple on behalf of workers at the Cumberland Mall store on May 17th. In it, the group accused the company of holding mandatory captive audience meetings regarding the upcoming union election for the Atlanta location that’s scheduled to take place in early June. 

Tim Dubnau, CWA’s Deputy Organizing Director, said:

“Apple retail workers across the country are demanding a voice on the job and a seat at the table. Unfortunately, and in contradiction to its stated values, Apple has responded like a typical American corporation with heavy-handed tactics designed to intimidate and coerce workers. The best thing Apple can do is allow workers to choose for themselves whether or not they want a union. When we learn of situations where Apple is violating labor law, we intend to hold the company accountable and help the workers defend their rights under the law.”

A pregnant worker and labor activist says Amazon made her pick up trash alone

Two Amazon employees have accused the company of retaliating against them for their efforts to organize workers at a warehouse in Liverpool, New York. Ashley Mercer and Jason Main filed an unfair labor practice complaint with the National Labor Relations Board (NLRB) on May 17th.

According to Vice News, Amazon tasked Mercer last week with picking up cigarette butts, broken glass and other discarded trash in the parking lot of its SYR1 warehouse in Liverpool. Mercer told the outlet her manager sent her out alone and without water or sunscreen on a day when the temperature went above 80 degrees Fahrenheit. Making the optics of the situation worse, Mercer is about six months pregnant, putting her at the end of her second trimester. “Approved for 10 hours parking lot clean-up,” an accommodation report obtained by Vice states. 

On the same day, the company suspended Mercer’s partner, Jason Main, who is also named in the NLRB complaint. Amazon later fired him for reportedly not using a step stool for moving merchandise. Mercer and Main have both been involved in agitating on behalf of the Amazon Labor Union (ALU) at a variety of warehouses in New York. Additionally, the two have come to work at the Liverpool facility wearing ALU-branded shirts and masks, while Mercer has also done the same at two warehouses in nearby Syracuse, and passed out leaflets at JFK8, the Staten Island facility that became the first unionized Amazon warehouse in the US last month.

“It wasn’t until I started mentioning that I am part of Amazon Labor Union that they pulled me out of my position and put me outside the building,” Mercer told Vice. “I think it’s retaliation because I’m a big part of [the ALU] and it feels like as soon as you bring up the union, they treat you differently.”

We’ve reached out to Amazon for comment.

Amazon has yet to recognize the ALU. In April, the company challenged the result of the JFK8 vote, accusing the organization of threatening employees unless they voted to unionize. It also recently fired two employees who were involved in organizing that facility, and ALU itself was born out of the company’s termination of founder Christian Smalls, a former worker at the JFK8 facility.

Apple Store employees accuse company of union busting

Apple Store employees who are organizing in Atlanta have accused the company of union busting and violating the National Labor Relations Act. The Communications Workers of America submitted an Unfair Labor Practice filing on behalf of workers at the Cumberland Mall store. The filing claims that Apple “has conducted mandatory ‘captive audience’ meetings with bargaining unit employees regarding the upcoming election.”

For decades, companies have been allowed to conduct captive audience meetings until 24 hours before a union election begins. Employers typically use these mandatory meetings to deliver anti-union messaging.

However, as The Verge notes, National Labor Relations Board general counsel Jennifer Abruzzo claimed in a memo last month that such meetings are in violation of the National Labor Relations Act. “Forcing employees to listen to such employer speech under threat of discipline — directly leveraging the employees’ dependence on their jobs — plainly chills employees’ protected right to refrain from listening to this speech,” Abruzzo wrote.

The Cumberland Mall Apple Store workers filed for a union election with the NLRB last month. The election is set for early June. The workers said that while they “love this company,” they are fighting for better pay and benefits, among other things.

Union drives are in progress at other Apple Store locations. Earlier this month, it was reported that Apple gave retail store managers anti-union talking points to use in daily “download” meetings that take place before shifts.

“Whether or not we join a union should be up to the workers at the store,” Derrick Bowles, a worker at the Cumberland store, said in a statement. “By having store managers try to persuade us not to join the union during daily downloads, Apple is putting its thumb on the scale.”

Engadget has contacted Apple for comment.

Update 5/17 1:58PM ET: Added Derrick Bowles’ statement and details from the filing.

Final former eBay employee involved in bizarre EcommerceBytes harassment case pleads guilty

Earlier this week, David Harville, one of seven former eBay employees involved in a 2020 campaign to harass the creators of a newsletter critical of the e-commerce company, pleaded guilty to five federal felony charges, ending one of the most bizarre e…

TikTok faces lawsuit over ‘blackout challenge’ content

TikTok and parent company ByteDance have been accused of negligence after the death of a 10-year-old who allegedly attempted a challenge she saw on the app. According to the wrongful death suit, Nylah Anderson was found unconscious in her bedroom in Pennsylvania on December 7th. She was taken to hospital but died after five days in pediatric intensive care.

Nylah’s mother Tawainna claimed her daughter attempted the “blackout challenge,” which encourages people to hold their breath or otherwise asphyxiate themselves until they pass out. Nylah saw a video about the challenge on the For You page “as a result of TikTok’s algorithm,” the suit said, according to NBC News. “The TikTok defendants’ algorithm determined that the deadly blackout challenge was well-tailored and likely to be of interest to 10-year-old Nylah Anderson, and she died as a result.”

“I want to hold this company accountable,” Tawainna said at a press conference. “It is time that these dangerous challenges come to an end, that other families don’t experience the heartbreak we live every day.”

“This disturbing ‘challenge,’ which people seem to learn about from sources other than TikTok, long predates our platform and has never been a TikTok trend,” a TikTok spokesperson told Engadget in a statement. “We remain vigilant in our commitment to user safety and would immediately remove related content if found. Our deepest sympathies go out to the family for their tragic loss.”

The deaths of several other children have been attributed to the challenge. In April 2021, 12-year-old Colorado boy Joshua Haileyesus died after being on life support for 19 days. His family claimed he attempted the challenge. Italy last year temporarily blocked TikTok for users who were unable to verify their age after the death of a girl who allegedly undertook the challenge.

In March, it emerged that a group of attorneys general is investigating TikTok over the potential harms that its app can cause to children and “what TikTok knew about those harms.”

Apple begins arming store managers with anti-union talking points

As workers at some of its Stores attempt to unionize, Apple is giving talking points to managers to tamp those efforts down, Vice has reported. It’s telling employees that they could lose career opportunities, personal time off and work flexibility, adding that the company will pay “less attention to merit” in union stores. 

The scripts have been given to leaders at multiple Apple Stores, according to Vice. Managers have used the scripts during “downloads,” or employee meetings that start shifts. “There are a lot of things to consider. One is how a union could fundamentally change the way we work,” they reportedly read. “What makes a Store great is having a team that works together well. That can’t always happen when a union represents a Store’s team members.”

Employees of Apple’s Atlanta Cumberland Mall Store were the first to try to unionize, hoping to join the Communications Workers of America (CWA). They’ve complained about relatively low pay for their region, difficult working conditions and limited promotion opportunities. 

“Everybody deserves the opportunity to be able to not worry about whether they can afford food or pay their bills. Everybody deserves to be able to afford to live in the city that they work in,” employee Elli Daniels told Engadget last month. 

Apple didn’t respond directly to Vice about the report, but repeated a statement it has given before. “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,” it told Vice. Engadget has reached out for comment. 

Apple has reportedly hired the same law firm Starbucks is using for its anti-union campaign and its talking point rhetoric resembles arguments used by Amazon and Starbucks during worker meetings. One Amazon union buster warned employees they could end up with lower pay after unionization, before walking that back under employee questioning. 

However, research has shown that unions improve wages and benefits compared to non-union workers in the same industries, while also narrowing race and gender disparities, as Vice noted. The Atlanta union vote is set for next month, and other stores in Maryland and New York are also reportedly pursuing unionization bids.

Intel engineers, led by a Congressional hopeful, demand a union

Intel, which is both the biggest semiconductor company by revenue and the largest private employer in Oregon, is facing an apparent bid for unionization among its exhausted engineering workforce. In a press conference Wednesday afternoon led by current engineer and Congressional hopeful Matt West, he described the employment arrangement at Intel as being “expect it to be on call at all times.”

“For too long, my fellow engineers have worked 80+ hour weeks, transitioning at a whim between day shift and night shifts as management demanded. We are on call all of the time, to the point where you need a manager’s approval to be more than two hours away from the factory,” West said standing in front of the aforementioned factory in Hillsboro, Oregon, flanked by colleagues and local labor leaders. “If you were called at 2am on a Saturday, and you’re supposed to have off, and if you don’t answer that phone within 30 minutes, they call your manager instead. And there are consequences.” 

According to a spokesperson for West, the organizing efforts have been ongoing for over a year, but have not been public before today. The engineering unit, which covers an estimated 350+ workers, is “the biggest unionization effort Intel has ever faced,” the spokesperson wrote. 

“I once worked more than 80 hours in a week for three months straight. I only had three days off, total, in that time,” West said. “I broke down. Both my mind and my body suffered. And at that point, my doctor mandated that I take a two-week emergency medical leave to recover.” Once he returned to work he says he “was placed on formal notice for not having warned my manager in advance about my emergency medical leave.”

In addition to working long hours — longer hours than allowed by Oregon law, according to West’s office — and being asked to be available at the drop of a hat, West further accused Intel of intentionally hiring from the pool of workers who were fresh out of college or graduate school in order to have leverage over them. All this, he said, was doubly felt by those engineers who were working via H1B Visas. “They feel trapped,” West said, paraphrasing conversations he’s had with colleagues, “They say they cannot raise these issues themselves out of fear of deportation for them and their families.”

Beyond his own experiences, West read out a number of anonymous statements from his colleagues, which recounted similar issues. One claimed that on “most days I work 10 to 16 hours,” while another stated they were told to “cover a 14-hour night, shift seven nights in a row.” A third wrote that “there is no proper path to promotion for high performing engineers.” (Transparency around pay and promotions is another issue the union is organizing around.)

West called on Intel to sign a neutrality agreement (in effect, saying the company would not interfere with organizing efforts, subject workers to anti-union messaging, engage in captive audience meetings or other familiar tactics) and asked the company to voluntarily recognize the union. While it’s not clear what union the engineers intend to join — or if, like Amazon workers in Staten Island they intend to form their own from the ground up — West’s spokesperson confirmed the Intel cohort have been in touch with the Communications Workers of America. 

As mentioned, West is — outside of his job at Intel and organizing activities — on the ballot to run for the House of Representatives for Oregon’s 6th district. That election takes place less than a week from today.

Engadget has reached out to Intel for comment and will update if we hear back.