OUR Walmart Advice Memorandum

A union that is not seeking a recognitional or organizational objective is not violating section 8(b)(7)(C) of the National Labor Relations Act (“NLRA”), when it pickets a business in excess of the 30-day statutory limit. Walmart Stores, Inc. filed unfair labor practice charges against Making Change for Walmart and Organization United for Respect (“OUR”) Walmart, subsidiaries of the United Food & Commercial Workers (“UFCW”), for excessive picketing of its stores. Under the NLRA, any union picketing of an employer by a non-representative union must, within thirty-days, petition the NLRB for election or the picketing must cease. The Office of the General Counsel decided that since the union had disavowed any organizational or recognitional intent, promised to make public representations to this effect, and agreed to a 60-day break from picketing, their unfair labor practice would be held in abeyance, and assuming compliance with the Advice Memorandum, withdrawn. United Food and Commercial Workers International Union, 2013 WL 459631 (N.L.R.B.G.C.) (Administrative Memorandum) (Jan. 30, 2013); National Labor Relations Act, 29 U.S.C. § 158(b)(7)(C);

See also, NLRB Office of Public Affairs, NLRB charge alleging illegal picketing at Wal-Mart held in abeyance, NLRB (Jan. 31, 2013), available at http://www.nlrb.gov/news-outreach/news-releases/nlrb-charge-alleging-illegal-picketing-wal-mart-held-abeyance; Labor Union to Ease Walmart Picketing, NY Times (Jan. 31, 2013), available at http://www.nytimes.com/2013/02/01/business/labor-union-agrees-to-stop-picketing-walmart.html?_r=0;

Development Authored by Nicholas Devyatkin