All company structures involved - Wal-Mart breaks US union busting records

All company structures involved:
Wal-Mart breaks all US union-busting records

JACKSONVILLE, TEXAS — Wal-Mart spokesperson Jessica Moser faces a difficult "spin" in the latest complaint issued by the National Labor Relations Board.

She is one of a dozen corporate officials named as a "company agent" involved in Wal-Mart's unfair labor practices committed before and after meat department workers in the supercenter here voted in February 2000 for representation by the United Food & Commercial Workers Union Local 540.

Public relations department
engaged in union busting

Moser, who explained away two massive complaints issued last week against the corporate behemoth in Las Vegas, Nevada, as typical union allegations, "must now explain how the corporate public relations department is part and parcel of Wal-Mart's illegal strategy to fight the union," said UFCW Vice President Mike Leonard.

"This complaint, issued after a painstaking investigation, reveals how every level of corporate management is involved in trying to deny workers their right to union representation through foul means," the union's director of strategic programs continued. "Three major consolidated complaints being issued in one week is a union- busting record, and shows that the U.S. government will act to protect the rights of Wal-Mart workers."

Also named with Moser in the complaint are the regional vice president, a regional manager, a corporate director of labor relations, the vice president of general merchandise, an assistant vice president, a district manager, and other district, regional, and headquarters personnel officials. The chief executive officer of Wal-Mart Stores, Inc., Thomas Coughlin was previously named in a NLRB complaint in Kingman, Arizona.

Dirty tricks abound

Wal-Mart is accused of retaliating against witnesses in a Labor Board hearing, attempting to pack the unit of eligible voters by transferring three employees into the meat department, and causing the termination of Bobby Patrick by refusing to permit him to withdraw his letter of resignation in order to discourage others from supporting the union.

In addition, the NLRB says Wal-Mart illegally denied Joe Hendricks his right to union representation in a disciplinary interview and subsequently discharged Hendricks and another worker, Sidney Smith. The company is also accused of unlawfully disciplining Dorothy Jones, refusing to accommodate her or transfer her to another store, and ultimately discharging Jones.

Among the allegations in the government complaint are:

1. Attempting to influence workers' votes by installing new meat-cutting equipment, granting benefits, soliciting employee problems and promising increased benefits and improved terms and conditions of employment;
2. Threatening to freeze employee wages and to deny transfers;
3. Wrongfully telling workers management had reviewed employee files to determine who was for the Union and telling an employee he had been seen with a known union supporter;
4. Illegally informing workers "it would be futile for them to select the Union as their bargaining representative . . . because [the company] was too big;"
5. Unlawfully interrogating employees about their union activities, threatening an employee with an unspecified reprisal, threatening to fire a Union supporter and not allowing an employee to withdraw his letter of resignation.

In an extraordinary step, the NLRB is seeking an additional remedy for the four discharged workers — an Order requiring Wal-Mart to reimburse any workers found to have been illegally terminated for any extra federal or state income taxes that may result from lump sum back pay awards.

The case is slated for trial before an administrative law judge beginning on December 17, 2001, in Jacksonville. Trials on the two Las Vegas complaints are scheduled for January and February, 2002.