Walmart Labor Unionization Essay

In 1962, Wal-Mart opened their first store in Rogers, Arkansas. In 1970, Wal-Mart's first distribution center and home office in Bentonville, Ark. open and Wal-Mart went public on the New York Stock Exchange. Just nine years from that, Wal-Mart's annual sales exceeded one billion dollars. In 1988, Wal-Mart super centers opened across the country. In a merely three years from that, Wal-Mart opened their own store in Mexico City, Mexico; making Wal-Mart an international corporation. Not even sixty years has past, and yet, Wal-Mart is over-powering our country.

A news release on the NLRB website demonstrates a real life example of a potential violation of the NLRA. The news release describes how well known aircraft manufacturer, the Boeing Company has decided to establish a second non-union production line for its 787 Dreamliner airplanes. This normally wouldn’t be an issue but the company’s main production line is in a union facility. Boeing stated that the reason they decided to use the non-union plant was because

Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB. The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so. Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access to the workplace by any outsider. Employers may limit distribution of union

29 U.S.C. §§ 151-169 (2015). The NLRA enables workers to engage in concerted action free from employer coercion, retaliation, and to bargain collectively with their employer. Id. See also Richard B. Freeman, What Can We Learn from the NLRA to Create Labor Law for the Twenty-First Century? 26 ABA J. LAB. & EMP. L. 327, 327 (2010). Freeman notes that “[t]he NLRA intended to replace the costly organizational fights that historically marred U.S. labor relations with a ‘laboratory conditions’ electoral process . . . .” Id. It also was meant to bolster the economy, facilitate labor peace, and create more jobs. Id.

Of the many laws and regulations that affect labor relations in the United States, few have had a greater impact than the National Labor Relations Act (NLRA). This law, passed in 1935, was designed to protect the rights of both employers and employees, while also discouraging certain workplace practices. But what did this law actually do, and how does it affect your company today? Our workforce specialists at Industrial Relations Consultants have your answers.

Facts: In Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993), the Court was asked to decide a dispute between an employer (Davis) and the National Labor Relations Board (NLRB). The NLRB had found that Davis committed unfair labor practices, which Davis disputed. A union (Local 23) was attempting to organize a local at Davis. Several employees signed authorization cards for the union. Six of those employees were terminated in a mass layoff that impacted eight employees. Davis then fired or constructively fired three more employees who had filed authorization cards. Davis's chairman of the board then informed employees that he wanted them to sign authorizations with the Steelworkers, a competing union. However, Davis maintained that the employees were terminated for cause, not because they signed authorization cards for Local 23.

NLRA was considered to be the law that affected the relationship among the federal government and private enterprise; this measure considerably increased the government’s powers to arbitrate in labor relations. Prior to this law, employers had the emancipation to chastise, spy on, question for no reason and fire union members. Work stoppages commenced in the mid 1930’s (Gould, 1986), which included striking by factory and industrial occupational workers. By the time the strikes came to a halt, America had a more conservative Congress. This Congress led to balance the power between employers and unions. While the Wagner Act addressed only unfair labor practices by employers, it was added to the enactment of

Judges ruled that Walmart was in violation of labor relations laws and must reinstate those who were fired from the company (Malcolm). The labor relations laws protect the rights of employees and employers (NLRB). They state that “employees have the right to self-organization, to form, to join, or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section (NLRB, 8a). Knowing that the workers were able to convene and were protected under these labor laws, it shows that this act of “civil disobedience” they were labeled with was in fact not civil disobedience at all. Though Walmart claims they were “defending their company by imposing “consequences” on those who did not show up for work (Jamieson), this action was labelled abuse of national labor laws.

“Up Against Wal-Mart” by Karen Olsson, a senior editor at Texas Monthly and who’s article appeared in Mother Jones, introduces her article through the perspective of a Wal-Mart worker. She focuses on the negatives of Wal-Mart by telling the real life struggles of different Wal-Mart employees. “Progressive Wal-Mart. Really.” by Sebastian Mallaby, a columnist for the Washington Post, focuses his article on what Wal-Mart critics say and attempts to defend Wal-Mart by comparing Wal-Mart to other retailers. Even though Karen Olsson and Sebastian Mallaby both examine the negative effects of Wal-Mart, Olsson berates Wal-Mart’s unfair treatment towards employees and the unlivable wages that the world’s largest retailer provides while Mallaby

Whether it's a brand new 59” LCD widescreen television or merely a pack of gum, each purchase you make from a Walmart store inadvertently results in a higher price paid; both within your community as well as the greater world around you. Relying entirely upon you-the ever consuming scavenger – to fuel the bustling utopia of the manufacturing industry, exists Walmart. More importantly, Walmart relies upon the oblivion towards matters outside of our own lives that we as society generally project. However, by looking past our own greed in a world full of price cuts and sales, we can expose Walmart for what it truly is; an entirely corrupt corporation feeding off of countries' vulnerabilities and reaping the benefits.

Wal-Mart Stores, Inc. is the world 's largest retail enterprise, with total revenue of $421.8 billion and a net income of $16.4 billion in 2011. 1 It is also the world 's largest employer, with 2.1 million employees worldwide in 2010 2, not including workers hired by its providers. In my opinion, Wal-Mart provides a clear illustration through which to look at how many multinational companies (MNCs) take part in an illegal and unethical behavior. They use their bargaining power and market control to pressure countries to overlook environmental degradation and violation of national labor laws. They dictate expected pricing for products, particularly through imports from overseas countries. Labor is fulfilled mostly by underage and underpaid employees. In the United States, since 2005, Wal-Mart has paid about $1 billion in damages to U.S. employees in six different cases related to unpaid work. 3 Furthermore, Wal-Mart opposes any form of collective action, even when employees are not seeking unionization, but simply more respect. 4 The fact that Wal-Mart opposes unions exist. The company has a long history of fighting them, to the point of closing stores after employees organize. Managers have been instructed to talk to their teams about why unions are so unwanted in their business. Overseas, the company was involved in a series of scandals, including multiple cases of bribery. In April 2012, The New York Times published a story that

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

Wal-Mart is sitting at number one on the Global Fortune 500 list. Sam Walton would never have thought that his creation of Wal-Mart in 1962 would lead to a global dynasty. By 1972 Wal-Mart went public which gave an infusion of money and capital for Mr. Walton that gave them 276 stores by 1980. In the mid 80's Wal-Mart expanded to having member only warehouse stores, Sam's Club. From there Wal-Mart opened supercenters that included full grocery and 36 departments of regular merchandise. By the end of the 1980's there were 1,402 stores and 123 Sam's Clubs (Wal-Mart corporate 2012).

 Illustrates low prices and at the same time, not portray a cheap image to consumer.

Wal-Mart is a world-wide active American retail trade company and currently the largest retail company in the world. Beginning in 1962, Wal-Mart has made the transition from a small firm in Arkansas to the largest employer with 3, 800 store units in the United States with record revenues today. But nevertheless, since Wal-Mart launched its online branch, it had to suffer from substantial setbacks from competitors such as Amazon.com or Ebay.