Section Two: Unfair Labor Practice Strike Materials

  • 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

How ULP Cases Are Started & Processed

 

OUR Walmart provides legal support to any Associate who faces Unfair Labor Practices.  Once you notify Our Walmart, these are the next steps.

The first step is to file a ULP charge with the regional office of the federal government agency that enforces federal labor law or the National Labor Relations Act: the National Labor Relations Board.

Six-Month Statute of Limitations

Charges must file charges no later than six months after the company committed the ULP.  Otherwise, the statute of limitations bars the charge and the NLRB will not prosecute the company.

Withdrawn Charges

Charges that have been withdrawn, for example because of witnesses unwilling to talk NLRB agents, may be re-filed as long as they are re-filed within 6 months of when the company committed the ULP.

How The NLRB Investigates ULP Charges

NLRB regional office agents investigate charges.  Agents rely primarily on OUR Walmart to provide evidence, like company policies, and arrange for agents to interview witnesses and take their affidavits.  Affidavits are sworn statements.

Agents will often ask for more information or witnesses, especially after the company responds to OUR Walmart’s case.  It is important that we cooperative with agents and provide as much information or as many witnesses as they request.

 Prosecution Of Companies

If after the investigation the region office decides that there is enough evidence to show that the company might have committed a ULP, the region should decide to prosecute the company or issue a written complaint against the company.  Several months later, a trial or hearing will occur where the NLRB will represent the Associates, possibly along with OUR Walmart attorneys.

At the hearing, attorneys for the NLRB, OUR Walmart and the company can question witnesses and put documents into evidence.  After the hearing, the judge who conducted the hearing will issue a decision.  Then, all parties can appeal the judge’s decision to the NLRB in Washington, D.C.

Finally, after the NLRB issues a decision, OUR Walmart or the company can appeal to a federal appeals court.  The court’s decision usually ends the ULP process.

 


Script Associates Should Follow To Call Off Work Or Walk Off The Job

 

Use this script when you call in to Walmart’s 1-800 number and when you speak to a manager.

 

My name is ______________________.

 

I am not working today to protest Walmart’s attempts to silence and retaliation against Associates who have spoken out about things like Walmart’s low take home pay, unpredictable work schedules and unaffordable health benefits.

I believe in a better Walmart, and that attempting to silence and retaliating against Associates who want to make Walmart a better place to work takes the company in the wrong direction.

For this reason, I am joining with other Associates who are not working to demand an end to Walmart’s attempts to silence and retaliation against Associates who speak out.

 


Letter Notifying Company Of Strike

___________________________ ,2012

(Date)

_________________________________________________

[INSERT NAME OF STORE MANAGER]

Walmart

_________________________________________________

[INSERT STORE # and ADDRESS]

Dear Store Manager:

Today, we, the Associates whose signatures appear below, will not be working.  We are not working to protest Walmart’s attempts to silence Associates who have spoken out against things like Walmart’s low take home pay, unpredictable work schedules, unaffordable health benefits, and Walmart’s retaliation against those Associates who have spoken out.  These Associates are members of OUR Walmart and they will not be silenced.

It is illegal for Walmart to attempt to silence and retaliate against us.  Unfair Labor Practices Charges have been filed with the National Labor Relations Board (the “NLRB”) for Walmart’s violations of the National Labor Relations Act, 29 U.S.C. Sec. 151 (the “NLRA”).  Today, we say no to Walmart’s retaliation and attempts to silence members of OUR Walmart who have spoken out for change.

Any adverse actions that Walmart takes against us for not reporting to work would constitute additional violations of the NLRA and ULPs.  This would include any hours that Walmart cuts, any unwanted changes in schedules, unwanted transfers, demotions or attempts to permanently replace us.  If Walmart takes any action against us, we too will file ULP Charges with the NLRB.  We will demand all possible remedies, such as back pay from the store for all money and benefits we would have earned but for Walmart’s actions and immediate reinstatement.

We believe in a better Walmart.  Silencing and retaliating against Associates who want to make Walmart a better place takes the company in the wrong direction.  For this reason, we demand an end to Walmart’s attempts to silence those of us who speak out and its retaliation, and to reinstate and make whole all those Associates Walmart has retaliated against.

 

Sincerely,

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 


Script Associates Should Follow When Offering To Return To Work

 

I am offering to return to my job for beginning next scheduled or normal shift.

If Walmart does not allow me to come back to work on my next scheduled shift or retaliates against me for walking off the job, it is an unfair labor practice and I will file a charge with the National Labor Relations Board.  The Board will require Walmart to reinstate me with full back pay for all money and benefits I would have earned from today until the day that Walmart reinstates me.

I struck in response to Walmart’s unlawful attempts to silence and retaliate against Associates who spoke out about things like Walmart’s low take home pay, unpredictable work schedules, and unaffordable health benefits.

Therefore, I am entitled to reinstatement to my position beginning on my next scheduled shift, or if the schedule is not out yet, what would be my next regular shift.

I will be back to work my next shift.

 


Letter Offering To Return To Work

 

___________________________ ,2012

(Date)

_________________________________________________

[INSERT NAME OF STORE MANAGER]

Walmart

_________________________________________________

[INSERT STORE # and ADDRESS]

Dear Store Manager:

This letter hereby constitutes our unconditional offers to return to our jobs from our ULP strike beginning our next scheduled shifts or if the schedule is not out yet, what would be our next normal shifts.  We were out on a ULP strike to protest Walmart’s attempts to silence Associates who spoke out for better wages, hours, and other working conditions, and Walmart’s retaliation against those who did speak out, and to support the ULP charges that have been filed on their behalf.  Walmart’s actions are Unfair Labor Practices under the NLRA.

 

Because we were striking to protest Walmart’s ULPs, the NLRA requires Walmart to allow us to return to work immediately.  See NLRB v. Fleetwood Trailer Co., 389 U.S. 375 (1967).  Under the NLRA strikers retain their Associate status while on strike.  Walmart may not impose any condition on our return to work.  See Caterpillar, Inc., 322 NLRB 690 (1996).  Any attempt to retaliate against us for our ULP strike, such as cutting our hours, changing our schedules, transferring us or disciplining against us will also violate the NLRA and constitute another ULP.  Moreover the United States Supreme Court has ruled that employers may not hire employees to replace those who strike in whole or in part to protest the employer’s ULPs and that they must transfer or terminate any employee they hired to replace ULP strikers.  See NLRB v. Mackay Radio & Tel. Co., 304 U.S. 333 (1938); NLRB v. International Van Lines, 409 U.S. 48 (1972).

 

If you fail to allow any of us to return to work for our next shifts, Walmart will be committing another ULP under the National Labor Relations Act, 29 U.S.C. Sec. 151 (the “NLRA”).  We will immediately file Unfair Labor Practice Charges with the National Labor Relations Board (the “NLRB”).  After the NLRB requires you to return us to work, the store will have to pay us full back pay for all money and benefits we would have earned by your refusal to return us to work now.

 

To make sure Walmart doesn’t unlawfully refuse to return to work other ULP strikers, we will request the NLRB to obtain a Federal Court order or injunction prohibiting Walmart from doing so in the future pursuant to 29 U.S.C.§ 160(j).

 

We look forward to returning to work at the start of our next shifts.

 

Sincerely,

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 

 

Signature                                                                            Printed Name                                                   Call Out Confirmation #

 


>>> Section Three: Guides for Actions

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Hear from OUR Associates

"I'm standing up to Walmart because we don't have money for food so my kids go hungry."
Anthony Goytia, California
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).