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![]() Walmart Employee Policy Book PS4 Trampoline SkateboardYour email address will never be sold or distributed to a third party for any reason. Please take a minute to review our Privacy Policy How was your experience with this page (1 Needs Improvement, 5 Love it) Cancel Submit Sorry, but we cant respond to individual comments. If you need immediate assistance, please contact Customer Care. Thank you Your feedback helps us make Walmart shopping better for millions of customers. OK Thank you Your feedback helps us make Walmart shopping better for millions of customers. Sorry. Were having technical issues, but well be back in a flash. In an unfair labor practices strike, the replacement workers can only be temporary until the strike ends. View key toolkits, policies, research and more on HR topics that matter to you. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Walmart Employee Policy Book Series Of ProtestsThe walkout was not protected because it was one of a series of protests, rather than a bona fide strike, the National Labor Relations Board (NLRB) decided July 25. Walmart has about 1.3 million employees at more than 4,000 stores, and none of its stores are unionized. In 2010, some of its employees, with help from the United Food and Commercial Workers International Union, formed the Organization United for Respect at Walmart (OUR Walmart). OUR Walmart sought increased wages, more predictable scheduling, expanded health care access and freedom from retaliation for Walmart workers, noted NLRB member Lauren McFerran in her dissent. Workers staged a series of short-lived walkouts from 2012 to 2013. For example, on Black Friday in November 2012, often the biggest shopping day of the year and when many are off work for the Thanksgiving holiday, about 100 Walmart employees walked off the job. From late May to early June 2013, about 100 workers walked off the job for five to six days to travel to the shareholders meeting and demonstrate; 54 were disciplined or fired. There was another walkout involving an unspecified number of employees on Black Friday 2013. Walmart did not violate the NLRA when it read talking points to protesters stating that it did not believe these hit-and-run work stoppages are protected and that if employees participated in future union-orchestrated work stoppages, the company would consider their work absences unexcused. The talking points accurately described unprotected walkouts, the board ruled. While Walmart did have a personal discussion, its lowest-level warning, with one employee about her unexcused absences that included a day on which she protested and wasnt scheduled to work, that was a mistake without discriminatory intent and not unlawful, the board ruled. The NLRB also upheld Walmarts verbal warnings for two workers who protested for four days a few weeks before the protest at the shareholders meeting. The board reasoned that the discipline was warranted because the workers went on strike and returned to work with the plan to strike again a few weeks later. The NLRA prohibits such intermittent strikes, according to the board. The dissent claimed that the boards decision sharply cuts back on the right of American workersincluding those who lack unionsto protest their job conditions by striking, McFerran wrote. She went on to say that the board classified the walkouts as an unprotected intermittent strikeeven though it was buffered by months of strike inactivity, a tiny percentage of the workforce participated, and no serious difficulties for store operations resulted. But the NLRB said in the majority opinion that it was simply following existing board opinions, which set out the principle that plans to strike, return to work and strike again are not protected genuine strikes. SHRM members-only toolkit: Complying with U.S. Labor Relations Laws in Nonunion Settings Replacement of Striking Workers Phillip Wilson, president and general counsel of the Labor Relations Institute in Broken Arrow, Okla., said the boards decision was a rational way to treat this intermittent strike behavior, which is becoming increasingly a strategy exploited by unions. He said the idea behind the walkouts is you can pick and choose your battles by withholding labor when its most damaging to employers and most likely to get attention in the press without employees risking anything in return. The law is written so that if a union exercises an economic weapon, such as a strike, the employer can continue to operate its business by replacing workers.
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