Google Workers Free to Talk Pay, Diversity Under NLRB Settlement

Google has agreed to rescind discipline against a Republican engineer who accused the company of discriminating against conservative workers, under a proposed settlement that also requires it to allow workers to discuss job issues with colleagues or the press.

Former Googler Kevin Cernekee filed an unfair labor practice complaint with the National Labor Relations Board in 2015. Cernekee gained notoriety after President Donald Trump tweeted about a television appearance in which Cernekee alleged that the company is biased against Republicans and other political conservatives.

Besides the president, accusations of political bias at Google have been echoed by some job applicants, other former employees, and Republican lawmakers. The terms of Cernekee’s settlement, though, suggest that the company will maintain an advantage, at least as to litigation before the federal labor board.

Google agreed to rescind a final warning against Cernekee in 2015 after he asked for a manager’s opinion on Googlers who believe that certain colleagues should be disciplined for what Cernekee described as critiques of “the Social Justice political agenda,” according to documents reviewed by Bloomberg Law. The National Labor Relations Act grants most private-sector workers the right to act collectively for their own benefit and protection, including acting on behalf of colleagues.

Google agreed not to interfere with workers’ right to talk to the press or colleagues about employment contracts or working conditions, and will post notices at its corporate headquarters affirming those employee rights. The notice includes statements that Google will stop enforcing certain workplace rules about data security and confidentiality that used to be on the books.

The notice informs employees of their right to “discuss wages, hours and working conditions with other employees, the press/media, and other third parties,” and “to freely bring workplace diversity issued and requests to clarify permissible workplace behavior to us on behalf of yourself and other employees,” according to the settlement.

“We will not do anything to interfere with your exercise of those rights,” it adds.

The company isn’t required to reinstate Cernekee to his job—one of the strongest remedies the labor board can award—or admit that it violated the National Labor Relations Act.

We “have agreed to post a notice to our employees reminding them of their rights under the National Labor Relations Act,” said Jenn Kaiser, a Google spokeswoman. “As a part of that notice, we will also remind employees of the changes we made to our workplace policies back in 2016 and 2017 that clarified those policies do not prevent employees from discussing workplace issues.”

Cernekee declined a request to comment.

Google has changed certain workplace rules and policies that were challenged in agency and court cases by Cernekee and other employees. The company put in place new rules in August that discourage workers from discussing politics at work.

“There is absolutely no mention of political activity in the proposed settlement, and the updates we made to our Community Guidelines are completely unrelated and unaffected,” Kaiser said.

Google’s notice-posting requirements also apply to the headquarters of Nest Labs, a subsidiary business that makes smart home products.