August, 2003

Organizing Movement Grows Among Wal-Mart Workers

Worker efforts to get a voice on the job at Wal-Mart stores in North America are gaining ground. Canadian Wal-Mart workers in Thompson, Manitoba, narrowly lost their efforts to get a voice on the job with the United Food and Commercial Workers Union (UFCW) – 61 to 54. The election signals a growing movement of workers ready to stand up for a better future at Wal-Mart.

The Thompson, Manitoba, vote was the first opportunity for an entire store of Wal-Mart workers to vote as a group. Several recent union elections at U.S. Wal-Mart stores have been blocked by the National Labor Relations Board (NLRB) due to Wal- Mart’s illegal actions to intimidate workers and suppress their efforts to get UFCW representation.

Wal-Mart used its union busting campaign in Manitoba like it has in stores across the United States – pulling out all the stops to harass, intimidate and threaten workers from exercising their fundamental democratic freedom to choose union representation. Time and time again, Wal-Mart has thumbed its nose at federal law and used illegal tactics to suppress workers’ voices – threatening to close the store, harassing union supporters, spying on worker activities or firing union supporters.

Last Saturday, Wal-Mart fired night stocker Kelvin Blackman after he appeared at a NLRB hearing about holding a union election at his Clinton, Maryland Wal-Mart store. UFCW Local 400 filed charges and Blackman’s co-workers stood behind him. Wal-Mart felt the pressure from its workers and reinstated Blackman less than 48 hours later. Wal-Mart are seeing that they aren’t alone, that they have the support of their communities and that when they stand together they can win.

Despite Wal-Mart’s scare tactics, the Manitoba workers showed real courage and demonstrated that workers across the U.S. and Canada are gaining the strength to stand up and take action for better wages, benefits and working conditions at the world’s biggest corporation.

“”The Manitoba vote shows that around the globe…in the U.S., Canada, Germany, whereever Wal-Mart operates…workers need and want a union voice to make the company live up to its promises of good wages and great working conditions,”" said Mike Leonard, UFCW Executive Vice President and Director of Strategic Programs. “”Thsi is a movement that can’t be stopped. There will be more union elections at Wal-Mart and workers are going to win.”"

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Wal-Mart’s War on Workers: Frontline Report From Texas and Arkansas

Loss prevention workers investigate incidences of theft at Wal-Mart—and now the U.S. District Court is seeking to determine if Wal-Mart’s stole overtime pay from these very same workers.

Judge T. John Ward has ordered Wal-Mart to disclose time records – including time clock archive reports and associate time card swipe data, time clock punch exemption reports, punch error reports, activity logs, week-to-date hours and expense summaries, and associates charged to the 945 account/PR404 – for all workers at Arkansas and Eastern Texas Wal-Mart stores. These records will be used to determine if workers—who were permitted to work overtime – put in extra hours without compensation.

Wal-Mart is required to turn over these time records within thirty days of the order, which is dated July 30, 2003. In addition, the Court has selected fifteen Texas and Arkansas Wal-Mart stores at random which must report the identities of and documentation for in-store loss prevention associates employed form September 13, 1999 to September 13, 2002, to determine if these workers were unfairly denied overtime pay.

The fifteen cities are: Tyler, Texarkana, Mt. Pleasant, Longview, Plano, Beaumont, Marshall, Center, Sherman/Denison, and Lufkin in Texas; and Little Rock, Fayetteville, Conway, Cabot, and Hot Springs in Arkansas.

The loss prevention associates are being represented by attorneys Michael Ace of Tyler, Tex., and Patrick M. Flynn of Houston.

Download the Order (PDF)

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For more information, contact Patrick M. Flynn at 713-861-6163 or Michael Ace at 903-595-1552

Las Vegas Wal-Mart Worker to Share Spotlight with Presidential Candidates

(Las Vegas) – Wal-Mart underestimated Larry Allen when it fired him last Friday in retaliation for his union activity. Tonight, Mr. Allen has the ear of key Democratic Presidential candidates following the AFL-CIO’s national working families Democratic presidential forum in Chicago.

Allen is joining thousands of union members on Tuesday, August 5th from 8:00-9:30 p.m. E.T. at Chicago’s Navy Pier where the candidates are responding to questions posed by workers. C-Span will broadcast the forum.

Allen is a produce clerk at the Wal-Mart Supercenter at Eastern & Serene in Henderson, Nevada. He began work there in May, 2002, and got involved in the effort to organize for a voice on the job in September.

Allen took two vacation days to attend United Food and Commercial Workers (UFCW) Convention in San Francisco and participate in a presidential health care forum on August 1, 2003 with five Democratic presidential candidates who were critical of Wal-Mart’s inadequate health insurance. Allen spoke with reporters before the forum to give a background perspective the health care crisis.

When Allen returned to work on Friday, he was summarily fired on the pretext that he violated the company’s no-solicitation policy. He was fired “”pending investigation.”" Wal-Mart’s own policy requires a complete investigation before an employee is terminated. Wal-Mart’s labor relations’ policy dictates that no personnel action can be taken in a store with union activity without approval and involvement of the Bentonville, Arkansas-based labor relations “”people”" division.

He has always been a reliable, hard-working employee who received a good evaluation in April. His only brushes with discipline came when he confronted a co-worker who he believed was sexually harassing his wife — Allen told him to “”knock it off.”" Allen was written up. A couple months ago, a manager took him aside and told him that he really shouldn’t be passing out union cards in the break room. But federal law and Wal-Mart’s store policy protects workers from retaliation from union activity in “”non-work areas”" including break rooms.

Before his wife got a job in a union supermarket and became eligible for health insurance through her employer, Allen went without. He worked full-time at Wal-Mart but couldn’t afford to buy the company’s health plan. In January, 2003, Allen started feeling odd and sought treatment at an emergency clinic. He was in the beginning stages of having a stroke and was treated in the Intensive Care unit for five days. Health care workers saved his life, even though he couldn’t pay for their services. Luckily, he had a full recovery and suffers no effect from the stroke. He takes prescription medicine now to help prevent another incidence – medicine that would cost him more than $300 per month. Thanks to his wife’s employer-provided health insurance, he pays a small fraction of that bill $8.00. He will spend the rest of his life trying to pay back the more than $30,000 he owes to the hospital.

Wal-Mart workers in Las Vegas and across the country are standing up for a voice on the job with the UFCW. The Las Vegas workers have set up their own website — www.walmartworkerslv.com