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Google has made a significant policy shift by allowing its employees to discuss the ongoing antitrust lawsuit against the company. This change comes after a settlement with the Alphabet Workers Union, which represents Google employees and contractors. The company informed its U.S. workforce last week that it had rescinded a previous directive that restricted comments concerning the legal proceedings initiated by the U.S. Department of Justice (DOJ).
The DOJ’s antitrust lawsuit, filed in 2020, accused Google of maintaining its dominance in the search market through the establishment of formidable barriers to entry for competitors. As a result of the settlement, employees now have the right to express their views on how this legal battle may affect their employment conditions, marking a notable victory for the workers who have faced increased restrictions on discussions about various sensitive topics, including litigation and political matters, since 2019.
According to the official notice sent to employees, Google stated, “We will not announce or maintain overbroad rules or policies that restrict your right to comment, internally or externally, about whether and/or how the ongoing antitrust lawsuit filed against Google by the U.S. Department of Justice may impact your terms and conditions of employment.” The policy update was first reported by The New York Times.
This policy change is timely as Google prepares for a remedies trial set for April 21, where the DOJ is considering various structural remedies, including potentially breaking up the Chrome web browser, which the DOJ argues unfairly bolsters Google’s competitive edge in search.
A U.S. District Court judge concluded in August that Google had unlawfully maintained a monopoly in the search sector, a ruling that the company intends to appeal. Following this August decision, Google’s president of global affairs, Kent Walker, instructed employees to avoid commenting on the case, both internally and externally. This led the Alphabet Workers Union to file an unfair labor practice charge with the National Labor Relations Board (NLRB), claiming that Walker’s directive was excessively broad and could affect employees’ roles if a breakup were to occur. In March, the NLRB ruled that Google must allow its employees to discuss these matters freely.
The settlement formalizes that employees have the right to organize and engage with unions under the National Labor Relations Act. However, it emphasizes that employees cannot represent Google’s views on these issues without prior approval. While Google is not inclined to agree with the NLRB’s ruling, spokesperson Courtenay Mencini remarked that the company preferred to avoid prolonged litigation and reiterated that employees always have the freedom to discuss their work conditions.
The Alphabet Workers Union indicated that this development comes at a vital time, just ahead of the remedies trial, which could significantly impact wages, working conditions, and employment terms for Google staff. Union communications chair Stephen McMurtry expressed that the outcomes of this trial could carry substantial implications for their workforce.
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