Group: Wal-Mart Violates Workers' Rights
Monday April 30, 8:16 pm ET
By Anne D'Innocenzio, AP Business Writer
Human Rights Watch Says Wal-Mart's Anti-Union Tactics Violate Workers'
Rights
NEW YORK -- Wal-Mart's exploitation of weak U.S. labor laws interferes
with workers' rights to organize and violates the human rights of its
employees, according to a report by Human Rights Watch, an independent
nongovernment organization.
In a 210-page report released Monday, Human Rights Watch said Wal-Mart
uses an arsenal of sophisticated tactics -- some of which it says are
illegal-- aimed at thwarting union organization and creating a climate
of fear for its 1.3 million U.S. workers.
The Human Rights Watch study was based on interviews with 41 current
and former Wal-Mart workers and managers, as well as labor lawyers and
union organizers, between 2004 and early 2007. The organization also
said it analyzed cases against Wal-Mart charging the company with
violating U.S. labor and employment laws.
While Wal-Mart Stores Inc. is not alone in engaging in illegal anti-
union tactics, the retailer "stands out for the extreme sophistication
and aggressiveness of its anti-union strategies," said Carol Pier,
senior researcher on labor rights and trade for Human Rights Watch and
author of the report.
Pier noted that while Human Rights Watch had been following reports on
Wal-Mart's anti-union efforts, what was missing from the debate was a
"human rights analysis" and a roadmap to its systematic approach. With
Wal-Mart being the largest private employer in the States, Pier noted
that "the company's treatment of its workers has significant impact in
the U.S. and beyond." She emphasized that the report was not funded by
labor unions and the group is not an anti-Wal-Mart organization.
But Wal-Mart was quick to dismiss the study's allegations as untrue
and unsubstantiated.
"Wal-Mart provides an environment of open communications and gives our
associates every opportunity to express their ideas, comments and
concerns," said David Tovar, a spokesman at Wal-Mart, in a statement.
"It is because of our efforts to foster such an environment that our
associates have repeatedly rejected unionization attempts."
He continued, "...Wal-Mart respects our associates' right to a free
and fair unionization vote through a private, government-supervised
process and we remain committed to compliance with U.S. laws regarding
workers' rights to unionize."
Tovar added that less than 5 percent of all retail workers in the
States are part of a union, so the current trend is not unique to Wal-
Mart.
In a statement, Justin Hakes, legal information director at the
National Right to Work Legal Defense Foundation, a nonprofit group,
called the study "the latest tactic in the aggressive efforts by union
officials to force union affiliation on Wal-Mart's workforce."
Human Rights Watch is using the report to call on Congress to pass the
Employee Free Choice Act. The EFCA -- which passed the U.S. House of
Representatives in March and is now under consideration in the Senate
-- increases penalties for labor law violations. The legislation also
would restore what the group calls a "democratic" union selection
process by requiring employers to recognize a union if a majority of
workers sign cards showing their support. Currently, employers can
force union elections and then intimidate workers with their
aggressive anti-union message during the campaign period, Human Rights
Watch said.
Unions have been trying to organize Wal-Mart for years, but after
failing in several attempts to represent workers at individual Wal-
Mart stores, union-backed groups like WakeUpWal-Mart.com have emerged
to embrace a broader strategy that goes beyond its employees and aims
to get the retailer to improve its wages, health care benefits,
environmental record and to be a better neighbor.
According to Human Rights Watch, Wal-Mart uses training sessions,
videos and other means to indoctrinate its employees on the negatives
of joining a union, tactics that the group says starts on the day
employees start their job. The company also gives explicit
instructions to managers on how to prevent union formation, according
to the report. The report said that Wal-Mart generally responds within
a few days to workers organizing by dispatching from headquarters
members of its Labor Relations Team.
According to Pier, Wal-Mart engages in illegal tactics such as
restricting the dissemination of pro-union views and firing workers
for their union activity, in extreme cases. According to former
workers and managers at one store, Wal-Mart ordered the repositioning
of surveillance cameras to monitor union supporters, the report said.
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