Wal-Mart Ordered to Rehire Striking Workers
In a significant win for employees attempting to unionize, a National Labor Relations Board (NLRB) judge recently ordered WalMart to reinstate 16 workers who were dismissed by the corporation while participating in a strike in 2013, according to a January 2016 report published in Reuters. Specifically, administrative law judge Geoffrey Carter found that WalMart violated United States labor law by “disciplining or discharging several associates because they were absent from work while on strike.” Although labor unions consider this a massive victory for their cause, WalMart plans to appeal the decision and to “pursue all…options to defend the company because [the company believes their] actions were legal and justified,” according to WalMart spokesman Kory Lundberg.
Workers Disciplined for Participating in Protests
The case stems from a set of disciplinary actions taken by WalMart in 2013 against certain employees regarding their absence from work. In June of that year, a number of employees traveled by bus to the company’s headquarters in Arkansas to engage in protest at meetings involving WalMart shareholders; this set of strikes was coined the “Ride for Respect.” WalMart subsequently dismissed these employees, claiming the strikes constituted “intermittent work stoppages” not protected under United States labor law, and thus should be considered an unexcused absence from work.
Contrary to WalMart’s position, the judge determined that WalMart acted in violation of labor law because the “Ride for Respect” was not a brief strike, nor was it close in time to other protests; as such, it presented a risk for workers who chose to participate. The judge ordered WalMart to offer these 16 employees reinstatement to their previous jobs and make them “whole for any loss of earnings and other benefits suffered as a result of the [anti-union] discrimination against them.”
Knowing Your Rights as a Worker
While this event signals a win for these workers, many other employees suffer at the hands of their employers who take actions in violation of labor law.
Typically, if a worker suffers retaliation for engaging in union-related activities, such as supporting a union’s efforts to organize a collective bargaining unit of employees of an employer, the relevant union will assist the employee in pursuing remedies with the NLRB.
What is less known by employees is that, even without a union organizing campaign, any action taken by two or more employees for their “mutual aid or protection” is protected by federal labor law. Thus, for example, if two or more employees request better compensation, benefits or working conditions from a management representative of their employer, any retaliation for making such a request is unlawful. For example, many employers have unlawful policies prohibiting employees from even discussing among themselves during non-work time their terms and conditions of employment. Some employers even troll social media to see if employees complain among themselves about their working conditions—their pay, benefits, unfair supervisors, unsafe working conditions or otherwise—and terminate employees for engaging in such discussions during non-work time. If you believe you have suffered any retaliation by your employer for any taking any action or engaging in discussions for the “mutual aid and benefit” of two or more employees, don’t hesitate to consult with an experienced labor law attorney who can examine your case and advise you on the best course of action.
Sources:
Judge Orders Walmart to Rehire Workers It Fired for Striking, by Dave Jamieson, published at The Huffington Post on January 22, 2016.
Walmart Broke Law by Firing On-Strike Workers, Must Offer to Re-Hire Them – NLRB Judge, published at rt.com on January 22, 2016
