NLRB to Charge Wal-Mart for Retaliating Against 2012 Black Friday Protesters

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

November 20, 2013

On November 18, 2013, The National Labor Relations Board (NLRB) Office of the General Counsel (OGC) announced that it has authorized complaints against Wal-Mart for unlawfully retaliating against its employees who engaged in strikes and protests on November 22, 2012, otherwise known as "Black Friday." As a result, the NLRB is now poised to issue complaints against Wal-Mart for allegedly violating the National Labor Relations Act (NLRA), unless the parties settle matters first.

According to the OGC, it investigated and found merit in claims by employees in 14 states, including California, Florida, Illinois and Massachusetts, that Wal-Mart "unlawfully threatened, surveilled, disciplined, and/or terminated employees" for participating in legally protected strikes and protests. In addition, the OGC found merit in the claims that Wal-Mart unlawfully threatened employees in California and Texas during two national television news broadcasts. The OGC, however, did not find merit in the claims that Wal-Mart told protesters to get off its property and retaliated against employees by changing their work schedules.

In response, Wal-Mart states that it disagrees with the decision by the OGC and is ready to defend itself. "We believe this is just a procedural step and we will pursue our options to defend the company because we believe our actions were legal and justified," stated Wal-Mart spokesperson Brooke Buchanan. "The fact is we provide good jobs and unparalleled opportunities for our associates."

The announcement by the OGC comes on the eve of what promises to be an even stronger protest next week as the holiday season approaches. OUR Walmart, an organization of current and former Wal-Mart employees closely affiliated with the United Food and Commercial Workers Union (Union), is currently organizing a large nationwide strike to be held on November 29 - Black Friday - as part of its effort to push for higher wages and better working conditions. In the meantime, several protests, including walkouts, have been springing up in large cities including Chicago and Los Angeles, resulting in more than 50 arrests.

Last year, hundreds of Wal-Mart employees participated in OUR Walmart-backed protests on Black Friday. Thereafter, Wal-Mart filed unfair labor practice charges with the NLRB alleging that the Union violated the NLRA by picketing its stores for more than 30 days with the intent to unionize its employees without filing a petition for election. Wal-Mart and the Union ultimately settled the matter and the NLRB dismissed the charge. However, as evidenced by its recent campaigns, OUR-Walmart continues to pursue its mission to target the company for unionization.