STEWARTWEINBERG
DAVID A. ROSENFEID
WILLIAM A SOKOL
BLYTHE MICKEl50N
BARRY E. HINKLE
JAMES J. WESSER
ORRUIZ~KLIN
ANTON
MATTHEW J.6AUGER
ASHLEY K, IKEDA .
uNOAen~oww~oNes
PATRICIA A. DAMS
ALAN G. CROWIEV
KRISTINA L HILLMAN ..
EMILY P. RICH
BRUCE A. HARLAND
CONCEPCION E. LOZANO-BATISTA
CAREN P. SENCER
ANNE I. YEN
KRISTINA M. 21NNEN
JANNAH V. MANANSAIA
MANUEL A. BOiGUES...
KERIANNE R. STEELE ••
GARY P. PROVENCHER
EZEKIEL D. CARDER....
MONICA T. GUIZAR
SHARON A. SEIDENSTEIN
IISI R. DUNCAN
WEINBERG7 ROGER & ROSENFELD
A Professional Corporation
♦
/~
1001 Marina Village Parkway, Su~le ZVD
Alameda, CA 94501
TELEPHONE (510} 337-1001
FAX (510) 337-1023
JACOB J. WRITE
SEAN D. GRAHAM
JOLENE KRAMER
STEPHANIE L. MARN•
ANTHONY J. TUCG
R08ERT E. SZYKOVJNY
MICHAEL D. BURSTEIN
ALEJANORO F. DELGADO
MINSU D. LONGIARU .....
VWCENTA HARRINGTON, Ot Counsel
PATRICIA M. GATES, OI Counsel
ROBERTA D. PERKINS, Of Counsel
NINA FENDEL, Ot Counsel
TRACY 1. MAMGUY. Oi Counsel
• Admitletl in Hawaii
•• Also admitted In Nevada
•.. glso admitted in Illinois
•... q~so admitted in New York
••«• Also admittetl in New York and Michigan
April 20, 2015
Regional Director
National Labor Relations Board, Region 21
888 South Figueroa Street, 9th Floor
Los Angeles, CA 90017-5449
Re:
WALMART
Dear Regional Director:
Enclosed is a Charge we are filing on behalf of OUR Walmart.
This charge arises out of the we11-publicized decision by Walmart to suddenly close five stores on the
pretext of a "plumbing" problem in each of the stores. Walmart's action was intended to target the Pico
Rivera store, which has been the focal point of activity by Associates for better working conditions.
This case warrants immediate relief under Section 1Q(j). Approximately 2200 Walmart Associates
around the country have been thrown out of their jobs. Although Walmart has offered WARN Act
payments, the employees are being asked to sign severance agreements in order to receive additional
severance pay. Thus, Walmart is attempting to weed out many of the activists in the Pico Rivera store as
well as the other stores who are subject to this sudden and wholly unexplained "closure" because of
unexplained "plumbing problems."
We are prepared to present a number of workers immediately to the Region who worked in the Pico
Rivera store. They will describe the activity which has gone on in that store and elsewhere since at least
2012.
The Region is already familiar with much of this because of Case 21-CA-10541, as well as other
consolidated cases which are pending in various Regions or before various Administrative Law Judges.
Please assign this immediately to a Board Agent who can begin taking statements in the next day or so.
We will be presenting additional evidence in support of this.
We expect that Walmart will come up with some pretextual argument that there was a "plumbing
problem." No one in the City Administration of Pico Rivera was aware of any plumbing problem. No
permits have been pulled or sought. This, in fact, is true of all five of the stores as far as we can tell.
LOS ANGELES OFFICE
800 Wilshire Boulevard, Suite 1320
Los Angeles, CA 90017-2607
TEL 213.380.2344 FAX 213.443.5098
SACRAMENTO OFFICE
428 J Street, Suite 520
Sacramento, CA 95814-2341
TEL 916.443.6600 FAX 916.442.0244
HONOLULU OFFICE
Union Plaza
1136 Union Mali, Suite 402
Honolulu, HI 96813-4500
TEL 808.528.8880 FAX 808.528.8881
Regional Director —Region 21
Apri120, 2015
Page 2
This appears to be wholly pretextual and was intended to punish the workers in the Pico Rivera stores as
well as the other stores.
The Board Agent should immediately contact me.
Sincerely,
t
David A. Rosenfeld
DARmc/kts
Enclosure
vsosoll
FORM EXEMPT UNDER 44 U.S.C. 3512
INTERNET
FORM NLRB-501
(2-08)
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
CHARGE AGAINST EMPLOYER
DO NOT WRITE IN THIS SPACE
Case
Date Filed
INSTRUCTIONS:
File an original with NLRB Regional Director for the Region in which the alleged unfair labor practice occurred or is occurring
1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT
b. Tel. No.
a. Name of Employer
Walmart Stores, Inc.
4792734000
a Cell No.
f. Fax No.
e. Employer Representative
d. Address (Street, city, state, and Z/P code)
Doug Mcmillon
702 SW 8'" Street Bentonville AR 72716
g. e-Mail
h. Numberofworkersemployed
1,000,000 plus
.Identify principal product or service
. Type of Establishment (factory, mine, who%safer, etc.)
sales
retail stores
k. The above-named em to er has en a ed in and is en a in in unfair labor ractices within the meanin of section 8 a subsections 1
and (3) of the National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of
the Act, or these unfair labor practices are unfair practices affecting commerce within the meaning of the Act.
2. Basis of the Charge (set forth a c%ar and concise statement of the facts constituting the alleged unfair labor practices)
See Attachment
3. Full name of party filing charge (if labor organization, give ful( name, including local name and number)
Organization United For Respect At Walmart
b. Tel. No. 888-957-3773
4a. Address (Street and number, city, state, and ZiP code)
P.O. Box 66536, Washingon D.C. 20036
c. Cell No.
d. Fax No.
e. e-Mail
2. 5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a
labor organization)
6. DECIARATiON
Tel. No. 510 3377304
i declare that I have read the above charge and that the statements are true to the best of my knowledge
Office, if 8ny, Cell No.
David A Rosenfeld, Attorney for
Fax No. 510 3371023
and belief.
By
(signatur of representative or pe
Address:
e)
(PnnUtype name and title or once, if any)
1001 Marina Village Parkway, Suite 200, Alameda California
Apfil 20, 2015
510 715 4218
e-Mail
drosenfeldCu~unioncoun
sel.net
(date)
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
PRIVACY ACT STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq. The principal use of the information is to assist the National Labor Relations Board
(NLRB) in processing unfair labor practice and related proceedings or litigation. The routine uses for the information are fully set forth in the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13, 2006). The NLRB will
further explain these uses upon request. Disclosure of this information to the NLRB is voluntary; however, failure to supply the information will cause the NLRB to decline to invoke its processes.
Attachment
Statement of Basis of Charge and Request for Injunctive Relief
Within the last week Walmart has suddenly closed the Pico Rivera store throwing over 500 Associates
out of work. The Pico Rivera store. has been the center of concerted action by Associates to improve the
wages and working conditions of all Walmart Associates around the country.
The Pico Rivera store is
where members of OUR Walmart first went on strike in 2012 against the company's illegal threats and
retaliation. Associates from this store have participated in strikes, civil disobedience, worker
delegations and talking to other Walmart Associates to improve the workplace. They have raised issues
of scheduling, pay, benefits, part time work, unfair treatment and discrimination through out the
country.
Walmart has. claimed that there is a "plumbing issue" which caused it to suddenly close the store
without warning. City officials in Pico Rivera say that nothing has been brought to their attention and no
permits at all have .been sought for any work. Walmart has targeted this store because the Associates.
have been. among themost active Associates around the country to improve working conditions
In order to mask this, Walmart has closed 4 other stores making the same "plumbing" claim. Other local
government officials have raised similar concerns that this is all pretextual. It is unheard of in the retail
industry to close stores which are profitable just to fix".plumbing;' Walmart has refused to disdase the
nature of the "plumbing" issue or to explain why it was necessary to close the store to fix "plumbing."
This unprecedented "closure" to fix."plumbing' is .part of Walmart's overall national strategy to punish
Associates who stand up and speak out for better working conditions. The General Counsel has already
issued complaint in many other cases which are in various stages of litigation. One Administrative law
Judge has recently issued a decision finding many violations. This is just another blatant example of
unlawful retaliation which affects not only the over 500 Associates at Pico Rivera but the approximately
1700 more affected in other stores.
Walmart has previously dosed a store. in retaliation for worker organizing: last year the Canadian
Supreme Court ruled that Walmart had broken the law by dosing a store where workers had noted to
form a union,
The Charging Party request the Board seek immediate injunctive relief under Section 10(j) of the Act.
The Board should seek injunctive relief compelling Walmart to rehire every one of the 2200 Associates
who have been terminated in all 5 stores. Each one of the Associates should be reinstated to their own
stores, alternatively transferred to other stores without loss of pay and paid by Walmart until reinstated
in their own stores.
1/807992