Apple wins victory in labor case involving fired retail workers

(Bloomberg) — The National Labor Relations Board has sided with Apple Inc. in a high-profile case involving fired retail store employees, a rare outcome for the iPhone maker.

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Last year, the company fired five workers who helped organize union activities at its Kansas City, Missouri, store. The workers were fired for missing work, arriving late and not properly marking their attendance, Apple said. But the Communications Workers of America, CWA, alleged in charges filed with the NLRB last year that workers were actually fired for their unionization efforts.

NLRB prosecutors initially dismissed the charges last October, but the union filed an appeal in November. On Thursday, the NLRB rejected the appeal, telling the CWA “that the evidence was insufficient to show that the employer terminated the employees because of their protected activities and not for legitimate business reasons invoked by the employer.”

An NLRB spokesperson confirmed the appeal was denied but said it was still investigating other allegations. The union group alleged that Apple illegally interrogated employees. An Apple spokesperson declined to comment.

Apple has clashed with labor groups and the U.S. labor board over the past two years as U.S. retail stores push for unionization. So far, only two locations – Oklahoma City and Towson, Maryland – have successfully unionized. A store in Short Hills, New Jersey, is voting this weekend to determine whether to take this action.

Also this weekend, the Towson location will vote on whether to authorize a strike before further negotiations with Apple. The two sides have reached a series of agreements, but none of the terms represent a major change to Apple’s existing policies. The union told employees there are ongoing negotiations over wages, overtime, unpaid leave, sick leave benefits and scheduling.

Earlier this month, the US National Labor Relations Board ruled that Apple illegally interrogated employees at its store in the World Trade Center in New York City.

–With assistance from Josh Eidelson.

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