Retail giant faces trial over its campaign to snuff out worker strikes. The NLRB complaint, similar to an indictment, lists incidents involving more than 60 workers in 34 states, as well as a Wal-Mart official's warning on national television to workers not to participate in Black Friday actions.
The National Labor Relations Board issued findings today that Walmart broke the law by firing or penalizing workers who went on strike or tried to unionize. Meanwhile, the company draws criticism for sponsoring a food drive for needy employees. Rather than raise wages, Walmart blames a weak economy for its slow sales rather than a flawed business model. Finally, a senior editor from Fortune magazine makes the case that Walmart can afford to raise wages by 50%.
In this latest battle over appointments to the NLRB, class divisions emerged starkly. “There’s an open conspiracy among corporate law firms, federal judges—many of whom used to be in the same firms—the U.S. Chamber of Commerce, and the Republican Party—particularly its senators,” says Larry Cohen, president of the Communications Workers of America. This [NLRB debate ultimately] is a question of which side are you on?
The National Labor Relations Act protects the right of employees to join together to improve their working conditions. The collective power of union membership is designed to balance the power of employees with that of employers, who can increase their power by incorporating or forming partnerships. Employees can also be more powerful together by filing class action lawsuits to enforce their rights under employment laws other than the NLRA.
The firings are almost certainly illegal retaliation under the National Labor Relations Act, but workers may have to wait to see justice carried out. The labor board has a slow process even in good times, but in recent years it has been declawed by Congressional Republicans—who have obstructed the appointment of board members, leaving the board without a quorum to conduct business.
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There is no valid reason to block President Obama’s nominees, all of whom would bring deep and varied backgrounds to the job.
The NLRA would not be powerless if it were interpreted as written and as Congress intended. The law still has the power to transform labor relations and give employees fair treatment, if only we will defend that power. The erosion of NLRA rights through past and current "interpretations" continues to deprive workers of their rights and weaken unions.
WASHINGTON -- With the Senate about to consider President Obama's nominees to the National Labor Relations Board, Democrats and labor groups are growing concerned that Republicans will block the administration's left-leaning nominations, rendering the board inoperable once a current member's term expires in August.
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