thenation | Weeks into a wave of historic strikes, and days before a planned Black Friday showdown, Walmart has filed a National Labor Relations Board charge
alleging that the pickets are illegal and asking for a judge to shut
them down. Walmart is no stranger to the NLRB: labor groups have filed
numerous charges there accusing the retail giant of punishing or
threatening activist workers, including dozens over the past few months.
But this charge is the first one filed by
the company in a decade. It will pose a decision for a judge and, even
sooner, for the Labor Board’s Obama-appointed acting general counsel,
who’s been a lightning rod for past Republican attacks.
The National Labor Relations Board, created by the 1935 National
Labor Relations Act, is tasked with enforcing and interpreting private
sector labor law. Walmart’s charge, filed Thursday night and reported
by Reuters Friday evening, sets two processes in motion. The first,
which could take months, is the full investigation and resolution of the
allegation, beginning with fact-finding by board agents based in
Walmart’s backyard (NLRB Region 26, which covers Arkansas and three
other states). The second, which could advance as soon as this week, is
the decision whether to grant an injunction restricting strikes against
Walmart while the investigation proceeds. Experts say NLRB Acting
General Counsel Lafe Solomon would have final say over whether the board
seeks the injunction; if it does, a district court judge will decide
whether to grant it.
Reached over e-mail, Walmart Director of National Media Relations
Kory Lundberg said that the company filed the charge in part because
“many of our associates have urged us to do something about the UFCW’s
latest round of publicity stunts…” In an e-mailed statement, Dallas OUR
Walmart member Colby Harris called Walmart’s charge “baseless,” and
said, “Walmart is doing everything in its power to attempt to silence
our voice.”
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