In a significant development for tech workers in the United States, Crystal Carey has been nominated as the new general counsel of the National Labor Relations Board (NLRB). This nomination is perceived as a victory for large tech companies and their billionaire owners who are aiming to weaken the NLRB’s power and limit the accountability of employers in the workforce.
The NLRB, established to oversee the implementation of the National Labor Relations Act (NLRA) of 1935, plays a critical role in safeguarding workers’ rights. The NLRA was created in response to escalating conflicts between workers and employers, ensuring that workers have the right to organize collectively and speak out about their working conditions and wages.
Despite fluctuating power dynamics with each presidential administration, the NLRB has remained an essential entity for empowering workers’ rights to unionize and providing a buffer against employer misconduct.
From personal experience, I can attest to the importance of the NLRB. In 2021, I, along with other workers at Apple, began advocating for improved working conditions, leading to the rise of the #AppleToo movement. Over the course of that summer and fall, we brought issues such as unequal pay, remote work options, and the pervasive abuse by managers to the forefront of internal and public conversations.
As a public advocate for the #AppleToo movement, I shared my personal experiences of workplace toxicity, discrimination, and retaliation. I also collected stories from other employees who faced similar challenges, highlighting Apple’s failure to protect us from abusive behaviors. After speaking out, I was subjected to retaliation from Apple, which culminated in my termination in September 2021.
My dismissal from Apple was, in my view, illegal. However, knowing that an action is unlawful does not guarantee justice against a tech giant. Many employment attorneys were unwilling to take my case, citing the overwhelming resources of Apple and the limitations of state labor laws as significant obstacles. Eventually, I found an attorney willing to take on Big Tech, which led to me filing a charge with the NLRB in November 2021.
My allegations against Apple were extensive. I charged that Apple violated my rights under the NLRA by terminating me for engaging in protected concerted activities. I also asserted that I was unlawfully surveilled while exercising my First Amendment rights and denied proper representation under Weingarten rights. Under the previous Biden administration, my case held the potential to set significant legal precedents regarding workers’ rights and employers’ responsibilities.
Unfortunately, my case, which should have been investigated within three to six months, has yet to reach a hearing. After being referred to Washington, D.C. for review, my case has now been stalled for three years. Initially slated for a hearing in February 2025, the date was pushed back to April 2025 at Apple’s request. Following President Donald Trump’s inauguration and Carey’s nomination, my case was relegated back to Washington and postponed indefinitely.
I am concerned that the delay in proceedings surrounding my case is directly linked to Carey’s appointment. Carey, an attorney at Morgan Lewis, a firm known for representing companies like Apple, Amazon, and Tesla, has a history of defending corporate interests against workers. This leads to apprehensions regarding the new direction of the NLRB under her leadership, especially given the firm’s past involvement in challenging the NLRB’s constitutionality.
The implications of Carey’s nomination could signal a shift in the landscape of workers’ rights, threatening to close off one of the few paths to justice for employees affected by Big Tech’s abusive practices. If my case continues to be sidelined, Apple will not face accountability for its alleged violations of the NLRA. Speaking out about my experiences may not yield legal justice, but it underscores the immense importance of public discourse in raising awareness about workers’ rights.
Despite this bleak outlook, I hold on to the hope that my story may resonate with others, assuring them that they are not powerless against corporate giants. While the NLRB and federal labor protection systems appear to be waning, the strength often resides with the people, and their collective voice can still drive change.
Other paths to justice still exist for workers, reminding us that the NLRA was born from collective action and solidarity. In a time when oligarchs and widespread rights violations abound, the foundational principles of worker rights must be upheld and never forgotten. As corporate interests loom large, it is imperative that if legal protections continue to deteriorate, workers must unite to safeguard their rights through collective efforts. The struggle for rights is ongoing, and we should resist any attempts to diminish them due to systemic corruption.
image source from：techpolicy
