14 January 2003

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Wal-Mart in trouble with Labour Relations Board:
Illegal surveillance, threats and intimidation of workers

Wal-Mart's claim that its "associates" don't want union representation rings hollow as the National Labor Relations Board (NLRB) issues three new complaints against the retail giant. Following a NLRB investigation of worker charges in Denver, Colorado; Paris, Texas; and Orlando, Florida, the government has charged Wal-Mart with illegal surveillance, threats and intimidation of its associates.

Workers in Denver are organizing with the United Food and Commercial Workers Union (UFCW) Local 7 and have suffered from Wal-Mart's big bully tactics. Wal-Mart will face trial on February 10, 2003 for illegal surveillance of union supporters. Workers and the federal government charge that Wal-Mart managers:

> Told associates their union activities were being monitored;

> Asked associates to spy on co-workers on behalf of the company;

> Verbally harassed union supporters; and

> Interrogated associates about their union activities.

Workers in Paris, Texas suffer similar injustices and are fighting back. The NLRB investigation of Wal-Mart's actions resulted in a complaint charging that Wal-Mart managers carried out surveillance on their workers, restricted workers' attire in an effort to retaliate against union supporters and also threatened and interrogated workers.

In Orlando, Florida, Wal-Mart faces a NLRB trial on June 28, 2003 for illegal surveillance of workers, illegal threats and harassment of workers. The Board complaint cites Wal-Mart managers for refusing to allow workers to have a witness in an investigatory interview. Further, managers threatened to fire workers who exercise their right to an employee witness, a right commonly known as Weingarten rights.

An Administrative Law Judge of the NLRB recently found Wal-Mart guilty of violating a worker's Weingarten rights in a case in Alaska. Wal-Mart demanded that an associate continue to participate in an interview about another co-worker and unlawfully fired him after he twice insisted on a witness. The judge ordered the worker reinstated with full back pay and benefits, and ordered Wal-Mart to post a notice stating:

> "WE WILL NOT require that our employees, who have a reasonable belief that the matters to be discussed may result in their discipline, continue to participate in investigatory interviews after their request for the presence of their own witness has been denied by us.

> "WE WILL NOT discharge our employees because they request the presence of their own witness before participating in an investigatory interview which they reasonably believe may result in discipline against them."

Wal-Mart agreed to a similar posting in College Station, Texas, to avoid a trial on a similar Weingarten complaint issued by the NLRB.

These three new complaints bring the total number of Labor Board cases against Wal- Mart to 43 complaints in 25 states. Wal-Mart has been found guilty in 10 of those cases, settled 8 of them and the rest are pending.

Wal-Mart's bully tactics don't end with Board complaints. Today, workers in Ocala, Florida have withdrawn an election petition with the NLRB following nearly three years of struggle for the right to have a free and fair election. Wal-Mart broke the law to suppress the Ocala meat market employees' efforts to have a voice on the job. The Ocala workers continue to organize with the UFCW and will continue to hold Wal-Mart accountable for its illegal actions.

The recent NLRB complaints and the workers' actions in Ocala prove that Wal-Mart spokespeople have been stretching the truth in recent statements about the company's relationship with its workers. Wal-Mart executives claim workers have chosen not to have union representation when clearly, workers have never been given a free and uncoerced choice. Wal- Mart silences and intimidates its workers by waging its systematic and illegal campaign.

The UFCW continues to support workers in Ocala and across the country in their efforts to exercise their federal right to representation at work. The recent National Day of Action to launch the People's Campaign - Justice @ Wal-Mart resulted in thousands of Wal-Mart workers contacting the UFCW about getting a voice at Wal-Mart.

The United Food and Commercial Workers International Union (UFCW) is North America's largest organization of retail workers. With 1.4 million members in local stores and supermarkets across the United States, the UFCW is America's Neighborhood Union. UFCW members work at such industry giants as Kroger, Safeway and Albertson's. UFCW members produce the products that are the staples of America's dinner table including Heinz, Kraft and Campbell's. The UFCW is a voice for Working America.