What This Means for Unions: The NLRB Judges Decision; Walmart Strikes Lawful, Must Reinstate Workers

This week Reuters broke the news that the National Labor Relations Board Judge found the 2013 Walmart strikes lawful and they must offer to reinstate 16 dismissed employees.

The Ruling
Administrative Law Judge Geoffrey Carter said in a ruling posted on the board’s website that the U.S. retailer violated labor law by “disciplining or discharging several associates because they were absent from work while on strike”.

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The ruling was hailed by labor group Making Change at Walmart as a “huge victory” for employees, although Walmart indicated it would likely appeal the decision to the labor agency’s board in a statement:

“We disagree with the Administrative Law Judge’s recommended findings and we will pursue all of our options to defend the company because we believe our actions were legal and justified,” Walmart spokesman Kory Lundberg said (@korylundberg).

Walmart had argued that it was lawful to discipline workers with unexcused absences to participate in the protests because the strikes constituted “intermittent work stoppages” not protected under labor law.

But the judge found this case differed materially from other previous work stoppages not protected by law because, among other factors, it was not a brief strike – meaning the risk for workers was higher – and because it was not scheduled close in time with other strikes.

Judge Carter ordered Walmart to offer 16 former workers their previous jobs and make them “whole for any loss of earnings and other benefits suffered as a result of the discrimination against them”.

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Union Built PC spoke to a former Walmart Employee for his feedback on his victory… and when it is a victory at all:

“As a former Walmart employee about a decade ago, I remember how hard I laughed when my training had anti-union videos that seriously reminded me of cold war era propaganda.

“‘If you are approached by a Union Representative” – shows shady person approaching you in the clothing section as if he’s about to flash you – “don’t’ talk, get a manager to have them escorted off the premise immediately.’

“And I ‘loved’ receiving my evals; “Outstanding. Excellent. Outstanding. Enjoy your .10 raise.”

“I don’t bear any ill will to my former employer, but they definitely abused their workers when it came to pay. All under the banner of ‘the customer is always right’ and under the guise of corporate profits.”

This video is shown to all associates at on-boarding – it is mandatory that everyone working for Walmart understands they are “better off” without a union! This training video – boasting the care and concern Sam Walton has for its employees – actually leaked and posted to social platforms such as YouTube (see minute marks 2:34 and 6:45).

The Impact… Is it a “huge victory”?
Administrative Law Judge Geoffrey Carter also ordered Walmart to hold a meeting in more than two dozen stores to inform workers of their rights to organize under U.S. labor law.

The impact, if any, the decision would have on the efforts by Making Change at Walmart and other groups to pressure Walmart on wages and benefits is unclear. The UFCW has tried for years to organize Walmart workers and the hurdles remain high. With a consistent history of anti-union messaging presented to their employees – and a statement already issued by Walmart spokesman Lundberg disagreeing with these with intent to file appeal defend the company on the grounds their actions were legal and justified – how can we trust the meetings ordered by Judge Geoffrey Carter will be transparent and without bias?

We suppose Union Built PC will need to source out more Walmart employees who attended one of these meetings to understand just how clearly their right to organize under U.S. Labor Law was communicated.

Your Turn

What do you think of Judge Geoffrey Carter’s decision? What impact do you think it will have on Walmart Workers? How do you feel about the inevitable Walmart appeal?

Sound off in Comments, on our Facebook Page and #UnionStrong Facebook Group, and on our Twitter or LinkedIn Pages… And don’t forget to subscribe to the Union Built PC monthly eNewsletter where we regularly cover topics related to the Labor Movement and have a regular feature called #WalmartWatch.


Additional Sources: Nathan Layne, Reuters

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