November 18, 2013

FEDERAL LABOR BOARD: Walmart Violated Workers’ Rights Nationwide

National Labor Relations Board Decides to Prosecute Nationwide Violations at Country’s Largest Employer

Workers, Supporters Vow to Increase their Calls for Walmart to End Illegal Retaliation, Create Better Jobs

WASHINGTON — The National Labor Relations Board General Counsel is issuing a decision today to prosecute Walmart for its widespread violations of its workers’ rights. The decision will provide additional protection for Walmart’s 1.3 million employees when they are speaking out for better jobs at the country’s largest employer.

The Board will prosecute Walmart’s illegal firings and disciplinary actions involving more than 117 workers, including those who went on strike last June, according to the decision.

The decision addresses threats by managers and the company’s national spokesperson for discouraging workers from striking and for taking illegal disciplinary actions against workers who were on legally protected strikes. Workers could be awarded back pay, reinstatement and the reversal of disciplinary actions through the decision; and Walmart could be required to inform and educate all employees of their legally protected rights.

“The Board’s decision confirms what Walmart workers have long known: the company is illegally trying to silence employees who speak out for better jobs,” said Sarita Gupta, executive director of Jobs With Justice and American Rights at Work. “Americans believe that we have the responsibility – and the right – to speak out against corporate abuses of workers, and this proves we’re finally being heard, and making kinks in Walmart’s armor. Customers, clergy and community members from across the country are standing with Walmart workers bravely calling for better jobs and a stronger economy for all of us.”

Today’s decision addresses charges filed one year ago in advance of Black Friday 2012, when Walmart managers escalated their efforts to threaten and discourage workers from going on legally protected strikes. David Tovar, spokesperson for the company, even went so far as to threaten workers on national television, saying “there would be consequences” for workers who did not come in for scheduled shifts on Black Friday.

Additionally, the decisional covers the illegal firings and disciplinary actions that occurred after 100 striking Walmart workers took their concerns to the company’s June shareholder meeting in Bentonville. Support from investors, Walmart workers and the general public continued to grow after tens of thousands of shareholders heard from OUR Walmart members at the company’s annual shareholder meeting.

When these workers returned to work, Walmart systematically fired and disciplined them despite their legally recognized, protected absences. This included disciplinary action against at least 43 workers and the firing of at least another 23 worker-leaders.

“Working at the largest employer in the country should mean making a decent living. Those days are long gone,” said Tiffany Beroid, a Walmart worker from Laurel, MD. “Walmart continues to show that it’s afraid to have real conversations about creating better jobs, but would rather scare us into silence. But change at Walmart is too important to our economy and for our families for us to stop speaking out.”

Prior to the extended strike in June, American Rights at Work/Jobs with Justice released a white paper documenting Walmart’s extensive and systematic efforts to silence associates. At that time, there were more than 150 incidents in stores across the country, with few signs that Walmart would soon stop targeting those who speak out and act collectively.

In other labor charges against Walmart, workers have been winning. In California alone, the National Labor Relations Board recently decided to prosecute Walmart for 11 violations of federal labor law from some threats made around Black Friday last year.

In Kentucky, one settlement was reached between Walmart and Aaron Lawson in which Walmart fired Lawson after he distributed flyers and spoke out against the company’s attempts to silence those who called for better wages and consistent hours. As part of the settlement, Walmart agreed to rehire Lawson and provide full back wages for the time that he was out of work.

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LEGAL DISCLAIMER: UFCW and OUR Walmart have the purpose of helping Wal-Mart employees as individuals or groups in their dealings with Wal-Mart over labor rights and standards and their efforts to have Wal-Mart publically commit to adhering to labor rights and standards. UFCW and OUR Walmart have no intent to have Walmart recognize or bargain with UFCW or OUR Walmart as the representative of Walmart employees.

 

November 7, 2013

Walmart Workers, Community Supporters Announce Increase in Activity, Support for Better Jobs, End to Illegal Retaliation

Workers Launch Petition to President Obama, Online Portal to Sign-Up for Community Support

L.A. Workers Begin Second Day of Strike, Community Members Vow to Commit Largest Civil Disobedience in Company History

LOS ANGELES – As Black Friday approaches, Walmart workers are standing up to the country’s largest employer – even in the face of widespread illegal retaliation against them.  Workers and community supporters announced today increased activity and calls for change, launching a petition to President Obama and unveiling an online portal that lets associates sign-up for community support. Workers are part of the national organization OUR Walmart, which is calling on the company to use its $17 billion in profits to pay a minimum of $25,000 a year for full time work and to end its illegal retaliation against its workers.

More than 100 unfair labor practice allegations have been filed against Walmart with the National Labor Relations Board (NLRB) for illegal firings and disciplinary actions against workers who have participated in legally protected strikes and to deter them from speaking out.

During a press call as a two-day strike and civil disobedience is underway in Los Angeles, workers, community supporters and economic policy experts outlined the growing nationwide movement to demand Walmart end illegal retaliation and improve jobs. On the call, Anthony Goytia, one of many L.A.-based Walmart workers taking part in the two-day strike, discussed why he is risking his job to end the retaliation that Walmart workers face when speaking out.

“I know that I may be fired for speaking out today, but Walmart executives and the country need to hear about what’s really going on at our largest employer,” said Goytia. “I’m on strike today because Walmart’s retaliation against workers is illegal and it’s wrong.  We won’t be silenced.  Change at Walmart is too important to our families, our co-workers and our country.”

Barbara Gertz, a five-year Walmart employee from Colorado, pointed to a new website, www.associatevoices.com, which allows associates to step forward with their stories about the reality of working at Walmart and ask customers and community members to support them by holding Black Friday events at their stores. In less than 24 hours after beginning to promote the site, requests from associates across the country have poured in. Already, workers in more than 90 cities have requested a Black Friday rally at their store.

“Associatevoices.org provides a space for associates to raise their concerns and see that they are not alone. OUR Walmart and our supporters are standing up for 1.3 million associates in this country who aren’t getting the hours they need and are nervous about Walmart’s aggressive retaliation,” said Gertz. “The fact that the website has taken off as it has, in such a short period, is a clear sign: whether online or on the picket line, our concerns are widespread and our voices and support are only growing louder and stronger.”

Workers, supported by various organizations, also announced the launch of a petition calling on President Obama to meet with courageous workers risking their jobs by protesting against Walmart. Inspired by the activism of Dr. Martin Luther King Jr. and his dream of good jobs and freedom, workers like Charmaine Givens-Thomas noted that Walmart’s low-wage business model, erratic scheduling and illegal retaliation hold America back from realizing Dr. King’s dream.

“As a 60-year-old African American woman who marched with Martin Luther King Jr., I want to promise my grandchildren that they will have a brighter future than I had. I can’t do that,” said Givens-Thomas in the petition. “More and more of us are struggling to nourish our children and pay our bills. It’s time the president met with Walmart workers like me who are standing up to Walmart and hear about the reality of scraping by on Main Street.”

The call took place as more than 80 community leaders and clergy members prepared to join workers at a rally at the Chinatown Walmart, in what is slated to be the largest-ever act of civil disobedience against the mega-retailer. Dozens, including Rev. Dr. Sarah Halverson, pastor at Fairview Community Church, are prepared to be arrested in response to Walmart’s illegal retaliation and low wages.

“I stand in solidarity with the brave Walmart workers who have walked out and gone on strike as well as those who have been intimidated, fearful they’ll lose their jobs if they speak up,” said Rev. Dr. Halverson. “They are not alone for they stand with thousands of clergy and interfaith communities across the country as we pray for their strength and find inspiration in their actions. I am thankful for these workers and I pray that Walmart will respect its employees and show them the dignity they deserve with fair pay and a commitment to refrain from intimidation.”

Recently, Walmart US CEO Bill Simon disclosed in a presentation that 475,000 Walmart workers are paid more than $25,000 a year; meaning that as many as 825,000 Walmart workers are paid less.

Throughout much of the recovery to date, the vast majority of jobs being created pay low wages, according to research by the National Employment Law Project. To make matters worse, lower-wage and middle-wage jobs have seen significantly larger declines in their real wages during the recovery than higher-wage occupations, a separate report by NELP shows. Another study shows that improving retail wages to a minimum of $25,000 would lift tens of thousands of families out of poverty, add to economic growth, increase Walmart’s retail sales and create more than 100,000 new jobs.

“The research on raising retail wages is clear – employers benefit from taking the high road, workers and families spend the additional money in their pockets and our economy as a whole strengthens,” said Jack Temple, policy analyst at NELP. “Walmart has a choice. It can take steps to improve the lives of its workers, customers and economy, or continue to force U.S. taxpayers to bankroll its low-wage business model.”

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For more information on Black Friday protests, photos and live-streams of events, visit www.BlackFridayProtests.org and follow the conversation and see photos at @ChangeWalmart, #WalmartStrikers and changewalmart.tumblr.com.

 LEGAL DISCLAIMER: UFCW and OUR Walmart have the purpose of helping Wal-Mart employees as individuals or groups in their dealings with Wal-Mart over labor rights and standards and their efforts to have Wal-Mart publically commit to adhering to labor rights and standards. UFCW and OUR Walmart have no intent to have Walmart recognize or bargain with UFCW or OUR Walmart as the representative of Walmart employees.