January 15, 2014

Walmart Illegally Retaliated Against Workers Speaking Out For Higher Wages, Against Income Inequality

Sweeping decision by labor board is largest ever complaint against employer

WASHINGTON —The National Labor Relations Board issued the largest-ever complaint against Walmart today for breaking federal labor law by violating workers’ rights. The complaint alleges Walmart illegally fired and disciplined more than 117 workers, including those who went on strike last June to speak out for better jobs.

The NLRB asserts illegal activities in 14 states at 34 stores and shows that company executives conceived—and oversaw implementation—of an unlawful retaliation policy for store managers to execute. The complaint—the largest ever against Walmart in both size and scale—names 63 individual store managers and company spokesperson and vice president of communication David Tovar’s illegal threats made to employees.

Walmart workers, part of the national organization OUR Walmart, have been taking the country’s income inequality head on by standing up for better wages at the country’s largest employer. While the majority of Walmart associates are paid less than $25,000 a year, Walmart makes $17 billion in annual profits and the Waltons—the richest family in the country—have a combined wealth of $144.7 billion.

“Walmart thinks it can scare us with attacks to keep us from having a real conversation about the poverty wages we’re paid,” said Barbara Collins a fired Walmart worker from Placerville, CA, who is one of the 117 workers named in the complaint. “But too much is at stake—the strength of our economy and the security of our families—to stay silent about why Walmart needs to improve jobs. Now the federal government is confirming what we already know: we have the right to speak out, and Walmart fired me and my coworkers illegally. With a new CEO taking over in a few weeks, we hope that Walmart will take a new direction in listening to associates and the country in the growing calls to improve jobs.”

The complaint details the Board’s decision to prosecute the company for its illegal firings and disciplinary actions against workers standing up for better jobs.

The Board’s action will provide additional protection for Walmart’s 1.3 million employees when they are calling for Walmart to publicly commit to paying workers a minimum of $25,000 a year for full-time work. The complaint 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.

If Walmart is found liable, 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. While historic, the complaint alone is not enough to stop Walmart from violating the law. Since the start of the year, Walmart has continued to retaliate against workers who speak out for better jobs.

“Shoppers, workers and activists all stand with Walmart workers calling for a decent day’s pay so they can support their families and contribute to the economy. We’ve never seen a complaint against Walmart of this size or scope, and we’re glad the NLRB is taking action. Walmart’s attacks on its own employees and cannot go unchecked,” said Sarita Gupta, executive director of Jobs With Justice. “We are proud to stand with workers calling for respect from Walmart.”

“Walmart workers are bravely leading the national movement to end low wage work,” said Bill Fletcher Jr., chairman of the Retail Justice Alliance. “Walmart is a major driver of the widening income inequality gap with its low wages that set the standard for retail jobs. We cannot get our economy moving again when the largest employer breaks federal law in an effort to keep wages down. Walmart needs to start following the law and improve jobs by paying workers a living wage.”

Today’s complaint 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.

“Walmart workers like me are calling for better jobs for all Americans,” said Colby Harris, a fired worker from Lancaster, TX. “It’s not right that so many of us are struggling to get by on less than $25,000 a year while the Waltons have more wealth than 42% of American families combined. Today the federal government confirmed that Walmart is not above the law, will be held accountable, and I have rights.”

Additionally, the complaint 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 workers who are 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.

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 in 2012.

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 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. 

October 23, 2013

Congressional Leaders Join Calls for Walmart to Stop Draining Public Resources and Improve Working Conditions, Support Economy

Reps. George Miller, Schakowsky, Napolitano and Grayson Challenge Walmart to End Reliance on Taxpayers to Support Workforce, Estimated to be $900K per Walmart Store

WASHINGTON, DC – Today, addressing previously unreported comments from Walmart CEO Bill Simon, which demonstrated that as many as 825,000 Walmart workers make less than $25,000 a year, members of Congress and Walmart workers called on the mega-retailer to improve working conditions and end the company’s reliance on taxpayer dollars to support its workforce.

“I support OUR Walmart workers who are simply asking Walmart, a corporation with nearly $17 billion in profits, to pay livable wages,” said Rep. Jan Schakowsky (D-IL). “These workers deserve safe workplaces and the right to speak out for their workplace rights without risking retaliation or being fired. It’s time that Walmart listen to their workers who are here to demand what all Americans want: fair pay, fair rules and fair treatment.”

Walmart workers and supporters have been calling for Walmart, the world’s largest retailer, to improve working conditions, stop retaliation against those who speak out, and increase hours to ensure workers earn a minimum of $25,000 a year for full-time work.  In doing so, it would allow workers the ability to cover the basics and help contribute to the economy.

The members of Congress were joined by three of the 825,000 Walmart workers earning less than $25,000 a year.

“I work hard, and I want to be able to support my family and earn enough so I don’t have to rely on public assistance to survive,” said Anthony Goytia, a Walmart worker from California. Goytia, who works full-time, has worked at Walmart for one year and makes less than $16,000 a year.  As a result, he relies on SNAP and Medical to keep the family afloat.

In a rare release of information about the company’s wages and benefits, Walmart US CEO Bill Simon discussed details about workers’ annual income in a recent presentation at Goldman Sachs annual retail conference.  In the presentation, Simon notes that 475,000 associates earn more than $25,000 a year.  With 1.3 million associates in the country, this means that somewhere around 825,000 associates earn less than that amount.

Currently, Walmart is making $17 billion in profits annually and the company’s controlling family, the Waltons, have a net worth of more than $144.7 billion.  Meanwhile, workers are making low wages and not getting enough hours, forcing many to rely on public programs to support their families even though they work for the country’s largest private employer.

Earlier this year, a Congressional report calculated that Walmart workers are forced to rely on $900,000 in taxpayer funded supports, including food stamps and healthcare, at just one of the company’s 4,000 stores.  This number is expected to increase as more workers apply for healthcare through Medicaid because they are ineligible for Walmart healthcare plans.

“Wal-Mart is the nation’s largest private-sector employer, yet they pay such low wages that many of its workers are unable to provide for their families. This is wrong. When workers win, their families win, and we all win. If big corporations like Wal-Mart paid their workers higher wages, families could live better. And federal taxpayers would not have to foot the bill to help them keep their heads above water,” said Rep. George Miller (D-Calif.).

At the forum, Catherine Ruetschlin, a policy analyst from Demos, outlined the economic impact of Walmart increasing annual salaries to $25,000 a year from her report,  Retail’s Hidden Potential: How Raising Wages Would Benefit Workers, the Industry and the Overall Economy. The report shows a wage floor equivalent of $25,000 per year for a full-time, year-round employee for retailers with more than 1000 employees would lift 1.5 million retail workers and their families out of poverty or near poverty, add to economic growth, increase retail sales and create more than 100,000 new jobs.

“Putting money in the pockets of Walmart workers is good for the store, good for the economy and good for families,” said Ruetschlin.  “We know that when low-wage workers have money to spend, they do.  In the case of Walmart workers, that means more spending at the stores they work, more profits for Walmart.  It also means more jobs could be created and fewer workers would be forced to rely on public assistance.”

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For photos and more information about the 825,000 Walmart workers trying to get by on less than $25,000 a year, visit changewalmart.org.

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.