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by toast0 783 days ago
I mean, go ahead and file a complaint, right?

But my read of the situation while skimming the NLRB summary [1] is this complaint is unlikely to win

> Strikes unlawful because of misconduct of strikers or other loss of protection. The U.S. Supreme Court has ruled that a “sitdown” strike, when employees simply stay in the plant and refuse to work is not protected by the law.

This feels pertinent, but not a whole match.

> Furthermore, Section 8(b)(4) of the Act prohibits strikes for certain objects even though the objects are not necessarily unlawful if achieved by other means. An example of this would be a strike to compel Employer A to cease doing business with Employer B. It is not unlawful for Employer A voluntarily to stop doing business with Employer B, nor is it unlawful for a union merely to request that it do so. It is, however, unlawful for the union to strike with an object of forcing the employer to do so. These points will be covered in more detail in the explanation of Section 8(b)(4). In any event, employees who participate in an unlawful strike may be discharged and are not entitled to reinstatement.

On the summary page, this looks like striking to prevent their employer from doing business with another employer (IDF) and might apply, but further reading seems to indicate this is about striking to not do business with a non-union employer, which isn't actually relevant. But either way, it's not clear to me that striking about who your employer does business with is a 'lawful' strike.

[1] https://www.nlrb.gov/strikes

2 comments

I also don't think this counts as a strike, at least the actions taken do not fully fall within the protections of a strike even if they were striking for a reason for which strikes are permitted. Disruptive protest like what this was isn't a legal strike.

Anyway I have no objection to them taking things to the NLRB, I just don't think they will win. I suspect google will settle by paying some or most of the terminated employees some severance or some other token gesture and will consider themselves lucky to be rid of activist employees.

The key difference here is that Google really wants the DoD contract and doesn’t care who’s on the losing side of the real battle.

The Google Walkout in the wake of Andy Rubin, David Drummond etc was far more disruptive to their business yet Google on paper felt they got a great deal on the severance packages of Rubin and Drummond ($0). Or at least Sundar was proud of how he cleaned up those messes.

Rubin got $90M as a gift from Google, beyond what was negotiated.