Discounting Rights
Wal-Mart's Violation of US Workers’ Right to Freedom of Association
Acknowledgments
I. Summary
How Wal-Mart Wards Off and Derails Union Organizing
II. Methodology
III. Findings and Recommendations
Weak US Labor Laws and Wal-Mart’s Strategy to Defeat Union Organizing
Inadequate US Labor Law Enforcement
Lack of Transparency on Wages and Benefits
IV. Background
Wal-Mart: The Company
Workers’ Concerns about Labor Conditions at Wal-Mart
V. Freedom of Association Under International and US Law
Freedom of Association Under International Law
Freedom of Association Under US Labor Law: An Overview
VI. Freedom of Association at Wal-Mart: Anti-Union Tactics Comporting with US Law
The Manager’s Toolbox
The “Grass Roots” Process
The Open Door Policy
Highlighting Possible Permanent Replacement
Worker Training
Management Training
The Union Hotline
The “Remedy System”
The Labor Relations Team
Dividing the Store
VII. Case Study I: Defeating Union Organizing Through Tactics Comporting with US Law
Greeley, Colorado, Store Number 5051
VIII. Freedom of Association at Wal-Mart: Anti-Union Tactics Running Afoul of US Law
Discriminatory Hiring, Firing, Disciplining, and Policy Application
Union Activity Surveillance
“Unit Packing” and Worker Transfers to Dilute Union Support
Addressing Worker Concerns to Undermine Union Activity
Threatening Benefit Loss if Workers Organize
Interrogating Workers about Union Activity
Illegal No-Talking Rules
Discriminatory Application of Solicitation Rules
Illegal No-Solicitation Rules
Confiscating Union Literature
Conclusion
IX. When Wal-Mart’s Strategy to Defeat Union Organizing Fails
Illegal Refusal to Bargain: Jacksonville, Texas
Illegal Store Closure: Jonquiere, Quebec, Canada
X. Case Studies II: Defeating Union Organizing Through Tactics Comporting with and Running Afoul of US Law
Kingman, Arizona, Store Number 2051
New Castle, Pennsylvania, Store Number 2287
Aiken, South Carolina, Store Number 514
Loveland, Colorado, Store Number 953
XI. Conclusion
Appendix I: Costs of Wal-Mart’s Healthcare Plans
Appendix II: Definitions and Illustrations of Key Health Insurance Terms
Appendix III: Letter from Wal-Mart to Human Rights Watch
May 2007 Volume 19, No. 2(G)
