The A.F.L.-C.I.O and three other pro-labor groups will urge the Federal Election Commission on Thursday to rule that Wal-Mart acted illegally by warning many store managers and department heads that a Democratic victory in November would hurt the company by helping workers unionize.þþThe pro-labor groups plan to file a complaint with the commission on Thursday asserting that Wal-Mart warned so vigorously that the Democrats would enact pro-union legislation that the company had engaged in illegal express advocacy.þþThe pro-labor organizations — including the Change to Win Federation, American Rights at Work and WakeUpWalMart.com — argue that federal regulations make it legal for companies to engage in such political advocacy with high-level managers, but not with low-level managers like Wal-Mart’s department heads, who are often hourly employees.þþThe complaint, which is scheduled to be filed at 11 a.m. Thursday, states, “There is reason to believe that Wal-Mart Stores, Inc. has made prohibited corporate expenditures by expressly advocating against Senator Obama’s election to employees” who were not high-level managers or professionals.þþIn their complaint, the four groups cite an article in The Wall Street Journal, which said that Wal-Mart, the world’s largest retailer, was mobilizing its store managers and department heads around the country to warn that if the Democrats win, they are likely to enact a law that makes it easier for workers to unionize Wal-Mart and other companies.þþþAt those meetings, Wal-Mart officials warned that the Democrats would enact the Employee Free Choice Act, which is expected to make it far easier for workers to unionize by requiring companies to recognize a union as soon as a majority of employees at a worksite sign cards saying they want a union. Under current law, companies have the right to insist on a secret-ballot election to determine whether employees favor a union, but labor leaders say that such elections are often unfair because many companies intimidate workers and fire union supporters during election campaigns.þþþAfter the article appeared in the Wall Street Journal, David Tovar, a Wal-Mart spokesman, responded that the company in no way broke federal election laws in holding those meetings with its managers and department heads.þþIn an interview on National Public Radio, Mr. Tovar said: “We feel educating our associates about the bill is the right thing to do. If anyone representing Wal-Mart gave the impression we were telling associates how to vote, they were wrong and acting without approval.”þþThe Wall Street Journal article quoted an unnamed customer service supervisor from Missouri who said: “The meeting leader said, ‘I am not telling you how to vote, but if the Democrats win this bill will pass and you won’t have a vote on whether you want a union.’ ”þþ“I am not a stupid person” the supervisor continued. “They were telling me how to vote.”þþWal-Mart, like many other companies, argues that the Employee Free Choice Act would be undemocratic because many workers would be denied the option of casting a secret ballot on whether they want to unionize.þþWal-Mart, which has 1.4 million employees nationwide, has a reputation for fighting fiercely against unionization efforts. Wal-Mart officials say that store managers are told to comply with the law when they battle against unionization drives, although labor leaders cite numerous National Labor Relations Board decisions finding concluding that Wal-Mart had improperly fired union supporters or engaged in other illegal anti-union tactics.þþ“For years, Wal-Mart has been intimidating and harassing its workers who want to form unions,” said Mary Beth Maxwell, executive director of American Rights at Work, a union-financed advocacy group. “Now they’ve adapted their union-busting tactics to influence our federal election system.”þþChange to Win is a federation of seven unions, including the Service Employees International Union and the United Food and Commercial Workers, that broke away from the A.F.L.-C.I.O. WakeUpWalMart.com is a pro-union group financed by the food and commercial workers that has repeatedly accused Wal-Mart of providing inadequate wages and benefits.þ
Source: NY Times
