Section One: Legally Protected Unfair Labor Practice Strike Basics

  •  Script Associates Should Follow To Call Off Work Or Walk Off The Job
  • Letter Notifying Company Of Strike
  • Script Associates Should Follow When Offering To Return To Work
  • Letter Offering To Return To Work

About Unfair Labor Practice Strikes & How They Protect Associates

 A “ULP” or “Unfair Labor Practice” strike is when Associates walk off the job to protest a company’s violation of federal labor law otherwise known as an Unfair Labor Practice.  That means that the company has unlawfully attempted to silence Associates, retaliated against those who have spoken out, or otherwise discriminated against Associates who have spoken out for better wages, more hours or improved working conditions.  A ULP strike is not a strike for better wages or working conditions.

ULP strikes protect Associates more than other strikes because companies must put ULP strikers on the schedule after they offer to return to work.  In comparison, companies can hire others to replace Associates who strike for better wages or working conditions and keep them off the schedule after they strike.  If companies don’t put ULP strikers back on the schedule, companies will owe them the money they would have earned through the date the company eventually reinstates them.  And, the company commits another ULP if it refuses to allow ULP strikers to return to work.


About Unfair Labor Practices (ULPs)

Violations of federal labor law are “unfair labor practices” or “ULPs.”  Federal labor law or the National Labor Relations Act protects Associate rights to band together to improve working conditions and to organize Unions.  Companies commit ULPs whenever they interfere in any way with these rights.  Specifically, companies commit ULPs when they:

  • Threaten, coerce or intimidate Associates (1) because they are Associates of, support or assist OUR Walmart, (2) participate in actions, or (3) band together with other Associates to try to improve working conditions.
    • Coerce means to force.  Intimidate means to frighten.
    • “Protected activity:” Joining, supporting, assisting OUR Walmart, participating in actions, banding together with other Associates to try to improve working conditions, and similar activities are called protected activity.
  • Ask or interrogate Associates about (1) OUR Walmart, (2) any action, or (3) what concerns led to the Associates’ interest in OUR Walmart.
  • Promise or give benefits if Associates abandon their support for OUR Walmart.
  • Watch or surveil Associates on or near company property in an intimidating manner.  Associates must show that supervisors did something different than what they normally do. 

Examples: Supervisors who write on clipboards, photograph, videotape, tape record, or talk on cell phones or walkie-talkies while watching Associates engage in protected activity.

  • Surveil Associates away from company property.  Away from company property Associates only need to show that supervisors followed and watched Associates meet with other OUR Walmart Associates or organizers.
  • Change any working condition for the worse, discipline or discharge Associates because they engaged in “protected activity.”
    • Associates must show that:
      • They engaged in protected activity.
      • And some supervisor knew about or was in a position to see the Associate’s protected activity.  Examples: Associate spoke to an organizer wore OUR Walmart sticker or apparel, participated in an action or hand billed near the store, or spoke out during company meeting.
      • And company took adverse action against Associate.
  •  Discriminating against, disciplining or discharging Associates for cooperating with or participating in ULP investigations or cases.

 


How To Respond When You Believe Walmart Has Committed A ULP

If you believe the company committed a ULP, then you should inform an organizer or other OUR Walmart contact that you believe there has been a ULP.  You can send a brief email to OUR Walmart at info@forrespect, call us at 1-888-95-RESPECT or text RESPECT to 83224 and then reply back with a short message.   Please review details of your case when you hear from an organizer.

In your email, call or text please include your name, telephone number and email address, a good time to reach you, and the store number or address.


Information Necessary For ULP Charges

To make sure OUR Walmart can file and push the NLRB to process charges as quickly and successfully as possible, OUR Walmart needs certain information.  Whenever Associates believe the company has committed a ULP, Associates should provide the following information to the organizer they speak with on the phone. You do not need to provide this information in your initial call, text or email but please be prepared to discuss on the phone:

  1. The complete address, telephone number, email address and fax number for the store where the company committed the ULP.  If the company commits a ULP at one store involving an Associate from another store, OUR Walmart needs this information for the store where the company committed the ULP.
  2. The full name of the store manager.
  3. The approximate date the ULP occurred.  For example, “mid to late October 2012” is fine.
  4. As much of the name and title of the manager who committed the ULP as the Associates know.  For example, “the Assistant Manager whose first name is Tim” is fine.
  5. The name of the Associate involved.
  6. A brief description of the action or statement that is the basis of the ULP.

 


 >>> Section Two: Unfair Labor Practice Strike Materials

 

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Legal Notice: UFCW and OUR Walmart have the purpose of helping Walmart employees as individuals or groups in their dealings with Walmart over labor rights and standards and their efforts to have Walmart publicly commit to adhere to labor rights and standards. UFCW and OUR Walmart have no intent to have Walmart recognize or bargain with UFCW or OUR Walmart as the representative of its employees. Courts have enjoined non-Associate UFCW and OUR Walmart agents from entering any Walmart property, except to shop, in Arkansas ((read order), Florida ((read order), Texas ((read order), Colorado (read order), and Maryland ((read order); and in California from entering inside stores (read order).