Retail

The impotence of the federal health and safety law, known as OSHA, is so extreme that it would be comical --- if the consequences weren't so utterly tragic.

After the horrific trampling death of Wal-Mart employee Jdimytai Damour, Brandworkers and many others pointed out the predictable nature of his death: Wal-Mart juices up its customers with marketing tactics to create a door-busting rush on Black Friday yet fails to implement even the most rudimentary plan to deal with the onslaught.

OSHA actually agreed and cited Wal-Mart for failing to implement reasonable crowd control measures to manage the predictable risk. But here's the kicker: OSHA is fining Wal-Mart just $7,000 for the violation. That's not a typo.

What more can we say? The one and only way that retail workers can protect their safety is to get organized and fight for safeguards, rather than relying on the government.

In November, the Brandworkers blog reported on the death of Jdimytai Damour, a 34-year-old man who was trampled to death by the Black Friday crowds while he worked a temporary position at a Wal-Mart store in Long Island.

Yesterday, Wal-Mart cut a deal with Nassau County District Attorney Kathleen Rice to pay $2 million and implement a new safety plan at 92 of its locations. In exchange for this, Wal-Mart will not face criminal charges, and Mr. Damour's family would have to waive their right to bring a separate civil suit against Wal-Mart if they participate in the victim's fund. (Associated Press)

There's nothing like a good study to show the public what retail workers already know!

Whew, it's been a busy week for Wal-Mart!

Last week we blogged about a case in which Wal-Mart settled a $54 million lawsuit in Minnesota. Now, Wal-Mart has settled 63 more lawsuits, again for violating wage and hours laws such as forcing employees to work off the clock.

In Minnesota, Current and former Wal-Mart workers recently won a class action lawsuit for back wages.

Update Brandworkers launches petition calling on Nassau Country District Attorney to Investigate Wal-Mart and its senior executives in the killing.

...but of course no "plans" for store closures is different than saying there will be no closures. Brandworkers will be watching. Home Depot announced fifteen store closings earlier in the year. As always, workers with questions about their options and their rights can access Brandworkers Legal Defense-Plus.

New York City Central Labor Council leader, Ed Ott, names retail workers among the low-wage workers needing support from labor unions. Mr. Ott argues that an underclass of neglected non-union workers could create a constituency unsympathetic to organized labor. (New York Times)

Victorious worker Glenda Allen:

“After beating all the odds -- surviving my injury when not expected to survive, walking again when told that I would never walk again, and returning to work where I received excellent performance evaluations and consistent merit increases -- I was devastated to have the rug pulled out from underneath me simply because Wal-Mart could ‘no longer accommodate my handicap needs.’ I am hopeful that this settlement will make Wal-Mart take a closer look at its policies and practices with respect to the employment of individuals with disabilities so that what happened to me will not happen to someone else.” (Equal Employment Opportunity Commission)

Two recent New York Times articles paint a picture of Wal-Mart as experiencing a turnaround in its battered public image. Wal-Mart apparently sells a lot of energy efficient light bulbs and has allegedly made marginal improvements to its stingy health care plan.

But there's a problem (among many others) with the idea of a Wal-Mart on the up-and-up: the world's largest company still has shown zero respect for the right under international and domestic law to form a labor union.

Given that to this day not a single Wal-Mart worker in the United States has the benefits of union membership and that Wal-Mart has demonstrated absolutely no sign of easing its rabid hostility to union organizing, we should cast a skeptical eye to Wal-Mart's token improvements.

Joining a labor union is the best way retail workers can exercise their right to free association on the job and articulate an independent voice in society.

Superficial improvements by Wal-Mart designed in large part to provide cover for its union-busting agenda should not distract people of conscience from holding the company accountable for its misconduct.(Wal-Mart’s Detractors Come In From the Cold) and (Smiles All Around at Wal-Mart’s Annual Meeting)