Wal-Mart v NLRB

The case of Wal-Mart v NLRB is a sticky situation. There are two issues that need to be addressed.

The first is that Wal-Mart removed an off duty employee from the store because he was soliciting for a Union with a tee-shirt that read “Union Teamsters” ‘Sign a card…Ask me how!” Since he was off duty, he was clearly within his rights to wear this tee shirt into the store.

The other issue is that the next day the same employee had conversation with two other employees during work hours about attending a union meeting and signing a union authorization card. This is clearly a violation of the store’s non solicitation policy. Wal-Mart was within its rights to counsel this employee

It seems that the NLRB has two decisions to make. The first should be in favor of the employee, due to the fact he was off duty, and the second decision should be in favor of Wal-Mart. They were well within their rights to counsel the employee because the conversation was during work hours and not during a break. DB