Wal-Mart Loses Meat Cutters Bargaining Appeal

[Omaha Steve]

Source: Occupational Health & Safety magazine

One of the actions that cemented Wal-Mart Stores Inc.'s anti-union reputation in the public's mind was its decision in February 2000 to convert many of its stores' meat departments so their employees would simply sell prepackaged meats, rather than cutting it themselves. This was significant because 10 meat department employees at Wal-Mart's Jacksonville, Texas, store had elected United Food and Commercial Workers Local 540 as their bargaining representative earlier that month. Wal-Mart won because the National Labor Relations Board agreed that, because of the conversion, the meat department had become an inappropriate bargaining unit, meaning Wal-Mart had no general duty to bargain with the UFCW. But the NLRB said Wal-Mart nevertheless must bargain with the union over the effects of the conversion on those meat department employees, and on Friday, a federal appeals court upheld both of the board's decisions.

Both the union and Wal-Mart sought relief from the U.S. Court of Appeals for the District of Columbia Circuit, with UFCW claiming the meat department unit is still appropriate and Wal-Mart claiming it has no duty to bargain over the effects of its change.

The NRLB has historically treated meat department units as presumptively appropriate, but meat departments in general use more prepackaged meats and require little or no meat cutting skills of their workers, Judge Brett M. Kavanaugh wrote for the unanimous three-judge panel. Relying now on its ordinary community-of-interest test in which cutting skill is central to the appropriateness determination, the board decided the Jacksonville unit did not meet the test because the workers do no specialized cutting. The board's precedent establishes that when a plant closes, the employer has a duty to bargain over the effects of the closing, and the board here found that the Jacksonville department's conversation was analogous to a closing because it eliminated the bargaining unit. The judges agreed the board reasonably applied its precedents in finding Wal-Mart committed an unfair labor practice by failing to engage in effects bargaining with UFCW, so they denied Wal-Mart's petition for review.



Read more: http://www.ohsonline.com/articles/59923/

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[classykaren]

1. Now what will happen? n/t

[DaveT]

2. Wal Mart will appeal to the Supremes

Eventually, WalMart will probably sit down with Local 540 representatives to "negotiate" over the effects of eliminating meat cutter positions on the meat cutters -- who undoubtedly have all moved on to other jobs years ago. If the union does not find the company's proposal for X amount of severance pay adequate, the union is free to take economic action against the company. A strike won't happen because the employees are probably long gone -- and even if they were still working in the store, they would be permanently replaced in the first few hourrs of the strike. Other options include informational picketing or a boycott. At this point, I don't think WalMart is afraid of either option.

I don't want to belittle the big picture of litigating against Wal Mart, but there will be no tangible benefit from this decision to the displaced workers or for the efforts to organize this company. In fact, the half of the decision that the union lost makes sure that Local 540's strategy of getting a foot in the WalMart door by organizing the meat department separately will not be an option in the future.

Organized labor should increase the overall pressure on WalMart with cases like this when they arise. But victory is still a long way down the road.

[eib1]

3. They need to lose a lot of these disputes with labor

before they begin to see the light.

[VP505]

4. They do and unfortunately

with the economy as it is the general public probably isn't likely to be willing to help put pressure on WalMart with boycotts, etc.

[1monster]

5. Well, economically, I have to shop for groceries at Walmat, BUT, I haven't bought any

fresh meat from Walmart since they went prepackaged. I don't trust prepackaged meat, and besides that, they gas (nitrogen) the meat so it looks red and fresh. As soon as the package is opened, the meat starts to turn black.

[Kali]

6. it's carbon monoxide

not near as "bad" as some of the convenience "food" but not wanted or needed by many many consumers

[harpboy_ak]

7. No, it's worse than nitrogen

they gas (nitrogen) the meat so it looks red and fresh.

The gas they use to keep it "fresh" is carbon monoxide.

And no one HAS to shop at MalWart. One opened here last summer, and in spite of the fact that I've been desperately poor for the past year, I have never been inside, and I never will go in.

I refuse to support bloodsuckers like MalWart. I do other things to stretch my budget, especially including not buying cheap Chinese made junk that I don't need.

[1monster]

8. Honey, Yes, I do. I have comparisoned shopped at all the local grocery stores.

I hate Walmart. But I save something like $100 per month shopping there. Other stores have sales on items and their sale price is still higher than Walmarts.

I am living under a mountain of debet due to my husband having had two major heart surgeries in under four years. I drive a twenty year old car; my husband's car is sixteen years old. I finally had to give up on our thirty year old refrigerator last month. I bought a used one (nearly new) for $350 cash... that was my bill paying money.

The only other grocery stores within a twenty mile radius are Publix (mucho expensive), Winn Dixie (used to be a good deal but really expensive now) and Food Lion. Food Lion likes to say that they are the best deal in town, but it isn't so. I've checked several times.

I live in one of the most expensive counties (housing and food) in the area with the lowest wages. Milk here is $5.88 a gallon.

People are always so ready to tell others how they can live without having a clue. And poor is relative. If I had less income, debt free, I'd think I was well off.

[Kali]

10. "And no one HAS to shop at MalWart. " bullshit

no one has to eat either, right? One infested our small town about a year ago and already 2 stores that I used to go to went out of business and the local Safeway is really struggling. I may HAVE to shop there soon, or drive another 50 miles to a city with a choice.

It isn't about buying cheap chinese junk, it is about not having any other choice, and often that is due to personal circumstances.

[DainBramaged]

9. I won't set foot in a Walmart, I'll do without first

And except for going for a gift card for a friend who's house was devastated by a hurricane in Florida 5 years ago, fuck them. There is NOTHING they sell I can't get for the same or less at my local grocery stores on sale or at Target/Kmart/Costco. And ALL of them are within one mile of each other in Rockaway NJ, so there is no gas wasted shopping on my day off.

Barilla pasta at the A&P yesterday, 15 1 LB boxes for TEN DOLLARS (3 for $2), That's TWO weeks worth of eatin'! And Ragu sauces, 10 for $10 dollars.


As is with the case in most of these rulings, the long term effect is cumulative. There will be no immediate benefit to the Union or it's displaced workers, but it's another black eye for the scumbags in Bensonville.

[Kali]

11. Love your gif, but some people litteraly have no choice.

Consider yourself lucky you have other options - many do not.