The following is an excerpt from the new bookĀ The End of Loyalty: The Rise and Fall of Good Jobs in AmericaĀ by Rick Wartzman. Copyright Ā© 2017. Available from PublicAffairs, an imprint of Perseus Books, LLC, a subsidiary of Hachette Book Group, Inc. Also available for purchase from Amazon and IndieBound.
One reason that Wal-Mart workers have always had difficulty improving their lot is that theyāve never been able to form a union. At its core, Wal-Martās rationale for being against organized labor was not unlike that of Kodak, say, or General Electric under Lem Boulware: management had an open door policy, by which any worker could ostensibly walk in and discuss anything. Therefore, as Wal-Mart laid out in its āManagerās Toolbox to Remaining Union Free,ā āwe do not believe there is a need for third-party representation. It is our position every associate can speak for him/herself without having to pay his/her hard-earned money to a union in order to be listened to and have issues resolved.ā
Yet unlike Kodak, which tried to frustrate union organizers by keeping its workers happy with good wages and princely benefits, Wal-Mart has been reliably ungenerous. And unlike GE, which fought tooth and nail against the International Union of Electrical Workers but ultimately honored its right to exist, Wal-Mart has never allowed so much as a single one of its stores to be organized. Indeed, ever since Mr. Samās time, the company has done everything it can to crush the unions, painting them in the most Manichean terms. They are ānothing but blood-sucking parasites living off the productive labor of people who work for a living!ā said attorney John Tate, an iron-willed right-winger whom Walton had hired to help beat back the Retail Clerks in the early 1970s and who then stuck around at Wal-Mart where he developed an array of antiunion techniques.
In the early 1980s, when the Teamsters attempted to representĀ employees at two Wal-Mart distribution centers in Arkansas, Walton himself showed up with a warningāUS labor law be damned. Recalled one worker: āHe told us that if the union got in, the warehouse would be closed. … He said people could vote any way they wanted, but heād close her right up.ā The Teamsters lost the election.
But it wasnāt just top executives who were expected to resist being organized. āStaying union free is a full-time commitment,ā read a manual given out at a Wal-Mart distribution center in Indiana in 1991, the year before Walton died. āUnless union prevention is a goal equal to other objectives within an organization, the goal will usually not be attained. The commitment to stay union free must exist at all levels of managementāfrom the chairperson of the āboardā down to the front-line manager. Therefore, no one in management is immune from carrying his or her āown weightā in the union prevention effort. The entire management staff should fully comprehend and appreciate exactly what is expected of their individual efforts to meet the union free objective. The union organizer is a āpotential opponentā for our center.ā
The main thing that a Wal-Mart manager was supposed to doĀ when he or she caught even a hint of union activity was to contact corporate headquarters via a special hotline. Immediately, a ālabor teamā would be sent from Bentonville to the store where union organizers might be gaining even the slightest toehold. This squad from HQ would then take over the running of the place, putting workers on a steady diet of antiunion propaganda videos; weighing whether local managers were too timid or sympathetic to labor and should be ousted; and keeping a close eye on any employees agitating for a union or simply disposed to having one. āAs soon as they determine youāre prounion, they go after you,ā said Jon Lehman, who was a Wal-Mart manager in Kentucky for seventeen years. āItās almost like a neurosurgeon going after a brain tumor: we got to get that thing out before it infects the rest of the store, the rest of the body.ā
Much of this strategy evoked the way that GM and other companies deployed Pinkertons to bully the unions way back in the 1930s. āI had so many bosses around me, I couldnāt believe it,ā said Larry Adams, who worked in the tire and lube express department at a Wal-Mart in Kingman, Arizona, which grabbed the labor teamās attention in the summer of 2000. With temperatures soaring well above aĀ hundred degrees, Adams and some of his fellow automotive technicians got angry when their boss wouldnāt spend the $200 needed to fix a broken air conditioner. So they reached out to the United Food and Commercial Workers union. Within forty-eight hours, twenty outside managers were crawling all over the store. āIt was very intimidating,ā said Adams. The UFCWās organizing push in Kingman would end in defeat; within a year or so, nearly every one of the union supporters would be fired or compelled to quit.
At a Wal-Mart Supercenter in Jacksonville, Texas, a group of meat-cutters had better luck at organizingāthough not for long. A week or two after they voted to join the UFCW in February 2000, the company announced that it would cease cutting meat and switch instead to selling prepackaged beef and pork at all of its stores. Wal-Mart said that the butchersā seven-to-three vote in favor of the UFCW had nothing whatsoever to do with its decision to stock ācase-readyā meat. Yet it was all but impossible to miss that the move essentially eviscerated the unionās first ever victory at the company, as Wal-Mart successfully argued that the changes to the meat department made it so that collective bargaining wasnāt appropriate going forward. The UFCW challenged the companyās stance before the National Labor Relations Board, but after eight years of rulings by the agency and the courts, the union could claim only a partial win; Wal-Mart would escape being unionized.
The dust-up in Texas was far from unusual. In all, unions filedĀ 288 unfair-labor-practice charges against Wal-Mart between 1998 andĀ 2003. Most alleged that the company had engaged in improper firings, threatened employees if they tried to organize, carried out surveillance, or illegally interrogated workers to determine their views on labor-related matters. Of these charges, the NLRB found ninety-four of them to be substantive enough to issue a formal complaint against the company. Still, none of it was enough to shake Wal-Martās conviction that organized labor needed to be stopped at all costs. āIāve never seen a company that will go to the lengths that Wal-Mart goes to, to avoid a union,ā said consultant Martin Levitt, who helped the company hone its attack before writing a book titled Confessions of a Union Buster. āThey have zero tolerance.ā
But if Wal-Mart was particularly strong-minded in its opposition to organized labor, most other companies werenāt too far behind. ForĀ example, at a Coca-Cola bottling plant in Yuma, Arizona, a managerĀ told employees in 2002 that theyād lose their 401(k)s if they voted to be represented by the United Industrial, Service, Transportation, Professional, and Government Workers of North America. The union lost the election by a vote of eleven to ten. At a General Electric subsidiary in Muskegon, Michigan, which hadnāt been organized, a machine operator named Michael Crane began to hand out literature promoting the Electrical Workers and wear a union T-shirt on the job, only to find his manager repeatedly asking him, āDonāt you have a better shirt to wear?ā If this was overly subtle, the companyās subsequent action wasnāt: it fired Crane on a bogus accusation of substandard workmanship.
It wasnāt always like this. In the 1960s, when some 30 percent of the private-sector workforce in America was still unionized, employers were generally cautious about how far theyād go in trying to repel organized labor. āThey were as nervous as whores in church,ā said one corporate adviser. āThe posture of major company managers was, āLetās not make the union mad at us during the organizing drive or theyāll take it out at the bargaining table.āā By the 1980s, a whole industry had sprung up to assist business: āunion avoidanceā consultants, lawyers, psychologists, and strike-management firms. The more enfeebled the unions became, the more forcefully employers then acted. By theĀ 1990s, even companies that had once accepted unions as a fact of life were now totally defiant.
āThe most intense and aggressive antiunion campaign strategies, the kind previously found only at employers like Wal-Mart, are no longer reserved for a select coterie of extreme antiunion employers,ā Cornell Universityās Kate Bronfenbrenner wrote in an analysis of how business conducted itself during representation elections fromĀ 1999 through 2003. Specifically, she discovered that companies threatened to close the facilities where employees were trying to organize inĀ 57 percent of elections, raised the possibility of cuts to wages and benefits in nearly half, and went so far as to actually discharge workers a third of the time. Over the years, employers also became adept at delaying union elections so that they had more time to coerce workers to see things their way.
All of this proved highly effective. Even if the NLRB ruled that a company had illegally dissuaded employees from organizing, the priceĀ to pay was typically smallāabout $200,000 in penaltiesācompared with the many millions of dollars that could be saved by ensuring that union negotiators never got a shot to bolster workersā earnings, retirement plans, and health-care benefits.
Excerpted fromĀ The End of Loyalty: The Rise and Fall of Good Jobs in AmericaĀ by Rick Wartzman. Copyright Ā© 2017. Available from PublicAffairs, an imprint of Perseus Books, LLC, a subsidiary of Hachette Book Group, Inc. Also available for purchase fromĀ AmazonĀ andĀ IndieBound.
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