Walmart Contingency Plans in Place Amid Threat of Black Friday Protests

The National Labor Relations Board didn’t expect to make a decision before Thanksgiving on whether to seek an injunction to stop the United Food and Commercial Workers International Union (UFCW) from picketing Walmart stores and encouraging workers to strike Friday, it said in a statement emailed to reporters late Tuesday. NLRB staff from multiple regions began taking affidavits Monday from witnesses “and sifting through numerous documents” provided by Walmart, as well as obtaining a response and evidence from the union, said Nancy Cleeland, NLRB director of public affairs in an email.

The legal issues in the standoff are “complex,” including questions about what constitutes picketing and “whether the activity was aimed at gaining recognition for the union,” Cleeland said. There are also “many distinct factual circumstances at stores across the country to consider,” she said. Walmart filed its charge at the Little Rock, Ark., office of the NLRB, which falls within the Memphis region. As of Tuesday, the Memphis office expected to complete its investigation on Wednesday, but “due to the complexity of the case” would send its report to NLRB authorities in Washington for further analysis, Cleeland said.

Regarding the NLRB’s announcement, Walmart appreciates “the urgency demonstrated by the NLRB” in the review process, Dan Fogleman, Walmart spokesman, told Consumer Electronics Daily. Walmart understands that the “multi-state, multi-faceted nature of the union’s conduct and the Board’s desire to perform a thorough review of the facts” means that a decision will require more time, Fogleman said. Meanwhile, it’s full steam ahead at Walmart where “we're expecting the best Black Friday ever and we have focused all of our attention on making the kickoff to the Christmas shopping season successful for our customers and associates,” he said.

Walmart sales associates working on Thanksgiving are eligible for holiday pay, Fogleman said, “which is basically being paid the equivalent of what they would earn on a normal shift, in addition to being paid for any hours they work that day.” Walmart takes “added steps to make work special” for those working on Thanksgiving, including hot meals on the day, evening and overnight shifts, he said. As an added “thank you,” he said, associates who work Thanksgiving are offered an extra 10 percent off a basket of goods, “which is on top of the 10 percent savings they get with their employee discount card every day,” he said.

According to the UFCW website, “if Walmart doesn’t end its attempts to silence workers, they will make Black Friday a very memorable day for the company -- complete with actions inside and outside of the stores and a possible nationwide strike.” In a news release issued Tuesday, the UFCW said Walmart workers and community supporters are beginning “1,000 nationwide non-violent protests leading up to and on Black Friday, including strikes, rallies, flash mobs, direct action and other efforts to inform customers about the illegal actions that Walmart has been taking against its workers.” Getting an early start, Walmart workers walked off the job Tuesday morning in Pico Rivera, Calif., saying they were protesting the company’s attempts to silence workers who speak out for better jobs. Workers at that store were the first group of Walmart associates to go on strike in company history last month, the UFCW said.

"We're not trying to shut down business, we are supporting our co-workers who speak out for better working conditions,” said Yesenia Yaber, a two-year Walmart employee based in Chicago said in the release. “These associates have been speaking out for changes that will help all associates, help our families and make Walmart stores better places for our customers to shop. Yet, Walmart reacts by attempting to silence them. No one wants to strike, we want to work, but we can’t continue under Walmart’s threats and retaliation,” she said.

Protest events are scheduled for Black Friday at numerous Walmart stores around the country including in: Allentown, Pa.; Boothwyn, Pa.; Boynton Beach, Fla.; Carson City, Nev.; Chicago; Dallas; Easton, Pa.; Hyattsville, Md.; Indianapolis; Kalamazoo, Mich.; Milwaukee; Richmond, Va.; Salt Lake City; San Francisco; Secaucus, N.J.; and Windsor Heights, Iowa.

Dan Cook, president of UFCW 655, Ballwin, Mo., told us that although the union has worked with Walmart workers in the past, “they took the bull by the horns” regarding any Black Friday 2012 strike or organized strike plans. If St. Louis area Walmart associates are planning to take any action on Thursday or Friday, “they haven’t shared it with us,” he said. Regarding whether he thought there would be grass-roots support of union solidarity for Walmart workers at St. Louis stores on Friday, Cook said he'd be “surprised if the labor community from St. Louis showed up” because they haven’t been in the loop. He said many UFCW members’ only familiarity with the situation came from a local TV report interviewing a Walmart employee who used a disguised voice to discuss possible employee action.

Glenda Fleming Willis, director of operations for Walmart, told St. Louis TV station KMOV the retailer doesn’t expect any Walmart employees to walk out on Friday. At the same time, she said, the retailer has “done dry runs” in preparation for any disruptions that do take place. “We have a good safety plan in place to be prepared in case there was something to occur,” she said.