Split decision issued in Wal-Mart dispute

Alana Roberts

Wednesday, May 5, 2004 | 11:15 a.m.

In rulings highlighting the United Food and Commercial Workers Union's campaign to organize Wal-Mart workers, an administrative law judge has upheld the firing of a Las Vegas Wal-Mart employee -- while also citing the company for violating workers' organizing rights.

Larry Allen, a former produce sales clerk and union organizer at the East Serene and Eastern avenues store in Las Vegas, was terminated in August 2002.

National Labor Relations Board Administrative Law Judge Lana Parke ruled that his termination was lawful due to the fact that Allen repeatedly violated the company's no-solicitation policy by passing out union literature on company property.

"I conclude respondent (Wal-Mart) has met its burden of showing Mr. Allen's discharge would have occurred even in the absence of his union activities," Parke said in her decision.

Christi Gallagher, a Wal-Mart spokeswoman, said the company is happy with the ruling.

"We are pleased that Judge Parke found that we didn't violate the law in Mr. Allen's termination," Gallagher said.

Union leaders plan to appeal the decision to the NLRB in Washington D.C.

Parke also ruled that Wal-Mart managers violated the National Labor Relations Act by "impliedly telling employees to destroy or disregard union literature and taking union literature away from employees" at the Marks Street store in Henderson.

Parke ruled that notices must be posted at the Marks Street store stating that workers have the right to organize and that the right is protected by federal law. The notices are to be posted for 60 days.

Gallagher said the company hasn't decided what it will do in response to that decision.

"There are portions (of the decision) we are reviewing and we're considering our options whether or not to appeal," Gallagher said.

Bill Meyer, assistant to the director of the strategic programs department with the international union, disagreed with Parke's ruling on Allen's termination.

"This decision obviously was a setback in a long and very complicated board process. These cases are a mixed bag. I think we win the majority of these cases," Meyer said.

He said the union will continue targeting Wal-Mart stores in the Las Vegas area.

"It's a good union town, with a lot of union support and some of these people who work for Wal-Mart have family and friends who work in a union environment. It helps in the organizing campaign. But Wal-Mart is big and uses everything in its very anti-union arsenal to fight it," Meyer said.

"We're hoping in the end justice will prevail. We believe ultimately Larry Allen will be successful in the search for justice and getting his job back," Meyer said.

Since being terminated from Wal-Mart in August 2002 Allen said he has become a special project union representative for the international. Allen said he will continue trying to organize Las Vegas-area Wal-Mart stores because the company doesn't pay a living wage and offers a poor health insurance plan.

"I knew people at (the) Eastern and Serene (store) who wouldn't eat for two or three days because they couldn't afford enough to eat. They (Wal-Mart) make enough money that they could pay better," Allen said.

Wal-Mart has disputed such assertions and says it offers competitive wages and health benefits in order to be a desirable employer.