Google Workers File Labor Complaint Against Google’s ‘Gag Order’ on Antitrust Case

The directive in question came from Kent Walker, Google’s President of Global Affairs, who sent an email on August 5th advising employees to “please refrain from commenting on this case, both internally and externally.” Walker’s email followed a ruling by U.S. District Judge Amit Mehta, which determined that Google held an illegal monopoly. Per The Verge, this message from Google’s leadership mirrors a similar cautionary note Walker sent at the start of the trial in the fall of the previous year. The union contends that such directives could infringe upon employees’ rights under federal labor laws, which protect “concerted activity”—a legal term for collaborative actions employees take to address workplace issues.

Under labor law, employees retain the right to discuss work-related issues, including any factors that might impact their job security or work environment. Labor law specialist Charlotte Garden, a professor at the University of Minnesota, explained that a directive barring discussion of the trial could indeed have significant implications. “I could certainly imagine that there would be ways that the case would ultimately bear on working conditions,” Garden told The Verge. With the Department of Justice (DOJ) suggesting that solutions to Google’s antitrust issues could include drastic measures like splitting off divisions such as Android or Chrome, there is reason for employees to be concerned about the potential impact on their roles. Garden further noted that while the NLRB will likely consider Google’s interests in managing its litigation strategy, it could still find the directive a violation if it seems likely to prevent employees from engaging in protected discussions.

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In a statement to The Verge, Google spokesperson Peter Schottenfels argued that the directive was merely standard corporate policy aimed at ensuring that employees do not speak on Google’s behalf regarding ongoing litigation without prior approval. “We respect Googlers’ rights to speak about their terms and conditions of employment,” Schottenfels said, emphasizing that the company was not aiming to prevent internal discussion on employment matters.

The AWU, however, remains skeptical of Google’s stance, citing a history of what they view as retaliatory practices. Stephen McMurtry, a senior software engineer at Google and AWU’s communications chair, pointed to incidents where workers who voiced concerns were allegedly met with pushback or even termination. “Even if the language is a kind of corporate ‘please refrain,’ I think we can all see what’s happened to some of our coworkers in the past,” McMurtry said. His comments alluded to high-profile walkouts and protests by Google employees in recent years, such as the 2018 walkout where some organizers later reported experiencing retaliation—an assertion the company denied at the time.

The NLRB has confirmed that it is investigating the AWU’s complaint, filed on August 15th, and the process could take several weeks. According to spokesperson Kayla Blado, the Oakland NLRB office is reviewing the case to determine if it warrants further action, which could lead to a hearing before an administrative law judge if the government pursues it. The Verge reports that many cases of this nature settle before proceeding to formal hearings, but a formal ruling could bring additional scrutiny to Google’s labor practices, especially in the context of the broader antitrust case.

As Google prepares for its next court date with the DOJ, scheduled for April, the company’s legal and labor battles continue to unfold, each with potential repercussions for its workforce. Whether the NLRB finds merit in the AWU’s complaint remains uncertain, but the outcome could have lasting implications for Google employees seeking to discuss the future of the company amidst one of its most significant legal challenges to date.

Source: The Verge