Beginning shortly after the early June strike by around 100 Walmart workers, 20 of the strikers were fired and another 50 were disciplined in retaliation; Walmart basically treated their absences as if they’d been playing hooky rather than engaging in legally protected concerted activity. Now, in a protest against that retaliation, 9 former and one current Walmart workers and two allies have been arrested in planned acts of civil disobedience outside a Washington, D.C., Walmart office Thursday afternoon. The workers are setting a deadline of Labor Day for Walmart to reinstate fired workers and raise wages or face an escalation of worker activism.
Walmart wants to turn this into an argument about labor law, claiming that the workers’ actions constitute “intermittent strikes” that aren’t protected by law. However, Josh Eidelson reports:
Asked in June about Walmart claims that workers were fired for threatening customer service by violating attendance rules, former Obama-appointed NLRB Chair Wilma Liebman said, “the case law doesn’t sustain that as a valid defense” against the charge of illegally punishing strikers. As for the lack of legal protection for “intermittent strikes,” Liebman told The Nation, “I think it would be hard on the facts so far to say that the conduct constitutes intermittent striking.”
By turning this into a dispute about the specifics of labor law, Walmart can both drag things out for months or years before potentially being forced to reinstate the workers and can try to shift the conversation from Walmart’s own rampant abuse of workers and damage to the economy. They’d like to shift the conversation from the workers’ voices, while letting workers who haven’t yet joined the protests and strikes know the cost of doing so:
Another of the fired workers arrested today, Brandon Garrett, yesterday told The Nationthat his termination had taken a toll in his Baker, Louisiana, store: “When we came back from striking and we wasn’t fired right away, even more associates wanted to join the organization. But I guess Walmart got a sense of that, and when they terminated me, they kind of scared a lot of them off.” Now, said Garrett, “they’re still behind us,” but “a lot of them are scared to be retaliated against. So that’s another reason I’m standing up like I am.”
These efforts to change the subject and silence workers are why it’s important to hear what the workers had to say at Thursday’s protest:
This article originally appeared on Daily Kos on August 22, 2013. Reprinted with permission.
About the Author: Laura Clawson is the labor editor at Daily Kos