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Google Eases Employee Communication Restrictions Following Antitrust Trial Settlement
In a notable reversal, Google has loosened its policy restricting internal discussions about its landmark antitrust trial. This shift comes after settling with the Alphabet Workers Union, a labor group representing some Google employees and contractors. The tech giant, recently embroiled in antitrust scrutiny regarding its search engine dominance, had previously prohibited employees from openly discussing the legal proceedings, but has now softened this stance.
Policy Reversal Follows Labor Complaint
The change in approach was formalized on Friday afternoon, as Google rescinded the prior directive via an email to its workforce, which was reviewed by The New York Times. This action resolves an unfair labor practices complaint filed by the Alphabet Workers Union with the National Labor Relations Board (NLRB). The complaint stemmed from an August memo by Google’s chief legal officer, Kent Walker, reiterating the ban on employee discussions about the antitrust case.
Settlement Terms Outline Employee Rights
According to the internal communication, Google affirmed it will not “announce or maintain overbroad rules or policies that restrict your right to comment, internally or externally,” concerning the antitrust lawsuit’s potential impact on their employment conditions. This agreement, overseen by the NLRB, effectively ensures employees’ rights to discuss workplace-related implications of the legal battle against Google’s search engine practices.
Background of Communication Restrictions
The settlement marks another setback for Google’s corporate culture of secrecy, particularly in light of the Justice Department’s antitrust case. The company’s attempts to maintain operational normalcy during the legal challenge by discouraging employee discussion have been undermined. Mr. Walker’s initial directive against discussing the case dates back to October 2020, when the lawsuit was initially filed. He subsequently repeated this instruction in September 2023, as the trial commenced, and again in August 2023, following the trial’s outcome.
Clarification Attempts and Company Response
In October, Google’s regulatory affairs executive, Lee-Anne Mulholland, sought to clarify that Mr. Walker’s instructions were intended to prevent employees from speaking publicly on Google’s behalf without authorization. However, the NLRB interpreted the restrictions more broadly, leading to the union complaint and subsequent settlement. Google, through spokeswoman Courtenay Mencini, stated disagreement with the NLRB’s interpretation, maintaining that its initial request was a “reasonable request that employees not comment on a pending legal case on behalf of Google without approval.”
Ms. Mencini added, “To avoid lengthy litigation, we agreed to remind employees that they have the right to talk about their employment, as they’ve always been free to and regularly do.”
Employee Concerns Amidst Antitrust Scrutiny
The Justice Department is advocating for significant remedies, including the potential separation of Google and its Chrome web browser, to foster greater competition in the search engine market. Federal Judge Amit P. Mehta is expected to determine the appropriate remedies by August.
Stephen McMurtry, a senior software engineer at Google Search and union member, highlighted employee anxieties in an interview. “Amongst employees generally, there is fear of instability that the breakups could provide to our employment, working conditions, compensation, all sorts of things,” Mr. McMurtry stated, emphasizing the widespread unease regarding the potential consequences of the antitrust measures.
Historical Context of Corporate Secrecy
Google’s emphasis on secrecy mirrors a broader trend among large technology firms. Drawing lessons from Microsoft’s antitrust trial in the past, where internal emails proved detrimental to its defense, Google has actively sought to control internal communications. This includes discouraging employees from making statements that could portray the company’s actions as anticompetitive. Furthermore, Google reportedly utilized ephemeral messaging for sensitive business communications, although the company affirmed sharing numerous chats with the Justice Department.