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NLRB Office of the General Counsel Issues Complaint against Walmart

The National Labor Relations Board (NLRB) Office of the General Counsel has issued a consolidated complaint against Walmart alleging that the company violated the rights of its employees as a result of activities surrounding employee protests in 13 states. 

The Office of the General Counsel informed Walmart that complaints were authorized in November of 2013, but withheld issuing the complaints to allow time for settlement discussions.  The discussions have not been successful and a consolidated complaint has issued regarding some of the alleged violations of federal law.  More than 60 Walmart supervisors and one corporate officer are named in the complaint. 

Cases were consolidated to avoid unnecessary costs or delay.  Walmart must respond to the complaint by January 28, 2014.  No hearing date has been set.  The Office of General Counsel has authorized or issued complaints in other Walmart cases and additional charges remain under investigation.

The National Labor Relations Act guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union.  The consolidated complaint involves more than 60 employees, 19 of whom were discharged allegedly as a result of their participation in activities protected by the National Labor Relations Act.  The Office of the General Counsel alleges that Walmart violated the Act when:

  • During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests.
  • At stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington, Walmart unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests.
  • At stores in California, Florida, and Texas, Walmart unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities.

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