Wal-Mart's Failure to Protect Its Workers: An Unfortunate Symbol

Sometimes symbols appear unexpectedly. Jdimytai Damour, a temporary Wal-Mart worker, became a symbol to millions of low-wage workers last Friday when he died a needless death because Wal-Mart failed to take the necessary precautions to protect him. He became a symbol of those workers quietly yielding to unsafe working conditions because they have no voice. Americans need Congress to pass the Employee Free Choice Act next year so that deaths like Mr. Damour's, and so many other deaths and injuries to low-wage workers on the job can be avoided in the future.

In 2007 a respected human rights watchdog group, Human Rights Watch, released a report critical of Wal-Mart's union-busting policies and practices in the United States. According to the report, "while many American companies use weak U.S. laws to stop workers from organizing, the retail giant stands out for the sheer magnitude and aggressiveness of its anti-union apparatus." Wal-Mart's opposition to its workers exercising their legal right to organize has even extended to terminating entire departments and closing entire stores.

For example, in February 2000, ten employees of the Wal-Mart meat department in a Jacksonville, Texas, store elected United Food and Commercial Workers (UFCW) as their union. Wal-Mart immediately scrapped their entire network of in-store butcher departments nationwide. And in Jonquière, Quebec, after the birth of a certified UFCW Local at a Wal-Mart store and a decision by the Minister of Labor for Quebec to grant the union's request for contract arbitration, Wal-Mart announced that it would close the Jonquière store.

The result of this behavior is that workers are denied a seat at the table to contribute to setting standards that protect them on the job. In the absence of such contributions, management is free to set whatever standards it deems appropriate and workers are obligated to go along if they wish to keep their jobs. To make matters worse, Wal-Mart store management's compensation is based on bonus systems that encourage cutting labor costs, resulting in more temporary workers. Temporary workers like Damour are particularly vulnerable in that environment because they have neither the context nor the influence to express reservations when asked to perform certain duties.

Without a union it is entirely up to Wal-Mart's management to determine whether or not they took legitimate precautions to prevent this incident. In the absence of union representation, let me suggest if it is not already obvious from the events that unfolded, that Wal-Mart failed on at least a few levels to protect its employees and its customers.

First, it appears there was a shortage of adequate security at the doors. Wal-Mart has still not released how many guards were present at the time to control the rushing crowd of 2000 people. Second, the company used at least some temporary workers including Mr. Damour who were not familiar with what to expect on Black Friday. Third, as some news reports have pointed out, unlike other retailers Wal-Mart did not provide tickets for store entry or offer rain-checks for any items that were sold out. All of these choices contributed to the tragic events of that day and the workers who were on the line that morning had no say in making any of them.

More low-wage workers need a voice in their workplace. The current system of certifying a union has failed because employers have found ways to thwart the process, and the federal government has failed to prevent that interference or to protect workers right to organize in any meaningful way. It is time for a change.

Next year, by passing the Employee Free Choice Act, Congress can provide that change. No one will force workers to organize a union, but they will be freer to do so if they choose. I believe that many of them will seek a union for all the reasons that people have wanted unions in the past including workplace safety. Sadly and unexpectedly, Jdimytai Damour will be a symbol for that fight and a powerful reminder of how workers are taken advantage of every day.

Comments

[asolom]

Unions won't prevent anything. I just quit, during a depression mind you, a fairly large company that had a useless, sham company union. It guaranteed me a twenty five cent raise twice a year, and high deductible insurance that I couldn't afford.

[asolom]

First off, I'd like to know how many illegal (or undocumented, if you're a PC fan) aliens Wal-Mart employs. As a member of another low-paid, dangerous profession (that gets no respect, partly because of the number of illegal aliens in it, i.e. cook) who's also a native born citizen (I'm sure I've hit a hot button here) I'd like to see first things come first.

[trusted10]

Great article! Barack Obama SUPPORTS the Employee Free Choice Act, that's why some of us voted for him. Obama is a co-sponsor of the Employee Free Choice Act. As for the comment: "People are free to work there or not. I assume you won't. Freedom at work". Freedom allows us also to elect by a majority the individual who will bring in policies that we want enacted. If you don't like that he will soon be the president and supports this Act then move to another country. I assume you won't. Freedom at work.

[JohnBryansFontaine]

The way in which Walmart treats its Workers is a national shame, and I feel ashamed each time that I walk through its doors. I also believe that more even more people would shop at Walmart if it treated its Workers with Respect. Absolutely, they should and must Unionize. ASAP

www.freechoiceact.org

[DuganS1]

How does Walmart not treat its workers with respect? Does Target, Home Depot, Lowes, Macy's and McDonalds treat their workers better than Walmart? Does a typical small town mom and pop shop treat their employees better or worse than Walmart? In my opinion it's worse at such places than Walmart.

[ll15]

Evil Wal Mart. Damn them for giving millions of students, retirees and lower educated Americans stable employment. And let's not forget the millions of jobs of the companies that make products sold in their stores. Whole companies exist soley because their products are sold in Wal Mart's stores across the country.

And you're right - a union certainly would've prevented this because the items would be so expensive that people wouldn't have lined up at the door to get in and save a few bucks. Wal Mart shelf-stockers don't deserve to make $30 an hour. Sorry. If you want to make that kind of money you'll have to get a better education or take up a trade.

Let's remember that while Wal Mart certianly isn't for everyone, it does play an essential role in many rural and lower class suburban communities. You might not like the fact that they offer low prices and don't have the best customer service, but remember, unlike most of your urban American snobs many American's can't afford or don't have the opportunity to shop at Neiman's. Get over it.

[DanBest]

Oh yes, let's hear it for your fuax populsim. Golly gee, Walmart's just a big cuddly teddy bear just trying to give the best value to those poor rural "real" Americans. Becuase before there was Walmart there simply was nowhere to shop out there in the hinterlands. And as we all know cheap crap is more important than giving comprehensive health insurance, allowing workers any sense of enfranchisement or better pay or safer working conditions.

And how could it have escaped me that unions are the problem. It just couldn't be shareholders or management or anything that they did to improve the bottom line at the expense of doing the right thing. They are, according to you, more important due to their education and income level (which anyone knows is always the true value of any human being).

Whenever you get through, simultaneously trashing and sticking up for the little guy, you may just look up the ladder and consider that some decision up there might have caused something to happen down there. Unions support working people. Owners and management support owners and management. Pick a side.

[DuganS1]

Small town mom and pop shops don't give their employees health insurance either. And by being from a small town, there wasn't anywhere to buy a lot of (or most) goods before Walmart arrived. Walmart also provided a lot more jobs than the small businesses it displaced and pays its employees more.

[scooperss]

IMO, the death of the Walmart employee says more about the people than it does Walmart. I cannot imagine myself trampling a person to death to get into a store. Never! I probably would have been trampled trying to help him up.

[DuganS1]

What does the death of the Walmart worker have to do with Walmart fighting against unionization? And how is it that Walmart "didn't take the necessary precautions to protect him"? Wasn't the worker trampled right after unlocking the front door? Should Walmart institute a new policy for having a manager hold the hand of the worker who has to unlock the front doors? And how are these "unsafe work conditions"? Should Walmart install some collapsable floors near the front door in case the worker starts getting trampled by aggressive shoppers????

[blue meanie]

The worker was a maintenance person not trained in crowd control. The store could have let in, say, fifty shoppers at a time, instead of a seething, frenzied, crazed mass of 2,000. The lawsuit has been filed. There is a strong precedent for faulting a company for knowingly placing its employees at risk. Incredibly, Wal-Mart has issued a statement saying that they "take care of their own" when "incidents like this occur" -- as if there have been other such trampling deaths at Wal-Marts. I have found that people who are against unions usually are quite ignorant of history.

[DuganS1]

Not trained in crowd control? How do you train someone to go open a door with customers standing outside it? How long is that training? LOL

[johnnyjust]

Wal-Mart will not tolerate unions. That is their right, and the freedom workers have is to find other unionized jobs at other companies.

In light of their actions, it might behoove workers to do just that and not risk departments or stores closing and putting their co-workers out of business.

It gets tiring seeing these "evil Wal-Mart" stories when they are the biggest employer (1.6 million employees) in the world. People are free to work there or not. I assume you won't. Freedom at work.

[blue meanie]

I believe workers have a legal right to form unions to protect other basic human rights, such as their health and safety.

[DanBest]

"Wal-Mart will not tolerate unions. That is their right"

Wrong. We have a thing called the FLSA in this country. Workers fought hard for those rights. Walmart skates the laws and as the poster pointed out HRW is highly critical of their union busting efforts. It is no more their right to deny a union than I have the right to punch you in the face. They both involve the possibility of legal sanctions.

It gets tiring reading posts from people who should naturally be skeptical of the power of a massive corporation, coming to its aid. They pay PR people to do that. So just admit it all of you defenders of Walmart here on this thread. You shop there because its cheap and you don't want to think that your consumer purchases have any consequences at all. If you are like me and you do not shop at Walmart because of its policies and you want to defend Walmart then I would love to here what you have to say. But to those of you who shop there - you reap what you sow. Now go buy some more cheap crap made by Chinese slaves, sold to you by wage slaves.

[johnsopinion]

"Next year, by passing the Employee Free Choice Act, Congress can provide that change.
No one will force workers to organize a union, but they will be freer to do so if they choose."

And how many congressmen do you think Wal-Mart can buy to keep it from passing
or even to come up for vote?

[blue meanie]

Hats off to Campbell Brown and CNN for covering the story of the lawsuit tonight. The fact that others will not touch this story speaks volumes, I think, about the undue influence of Wal-Mart and America's misplaced priorities.

[websmith]

The Free Choice Act will identify those who vote against the union and allow an angry mob to form supported and enticed by the union and lynch them. Some free choice.

I have been to the Valley Stream Mall where this happened several times over the past 5 years and there on Black Friday once. At the main mall building where Pennys, Macys, Sears, etc. are, there was no pushing when the doors opened and there are plenty of "excuse me's" and "sorry's" when people want to get by. The mall is a very safe and polite mall to shop in.

Wall Mart, on the other hand, is isolated on the other end of the parking lot attached to Liquidators, which competes price wise. I went into the store once and the inventory was all over the floors along with the food and drinks sold in the store. The place smells bad and the crowd is very rude. I never went back. Liquidators, right next door, is cleaner, well organized, and security, while being friendly, insures that it is safe. There is a Home Depot less than 100 yards away that is very clean, organized, and safe. The Home Depot in Freeport about 5 miles away, however, is filthy, unorganized, and unsafe.

This is a store management issue and has nothing to do with forcing people to choose to join a union.

http://ewebsmith.com/family/thanksgiving.html

[blue meanie]

"Angry mob?" "Lynch?" Very interesting choice of words.

But, yes, I agree this is a management issue, and that therefore Wal-Mart bears some responsibility for this death. I also agree that this has nothing to do with forcing people to join a union.

[nyerindc]

maybe walmart is guilty of negligence or whatever - thats up for the courts and the lawyers to decide.

what i dont understand and what i find shocking is that no one is talking about the guilt of the people who did the actual stampeding on top of this man. why aren't they being held accountable? just because it happened at the place of business of a corporation with deep pockets, we should let the real criminals off the hook? if i go to your workplace and stomp on your head and your chest to the point of asphyxiation, i guess it becomes your employer's fault but somehow i am completely innocent.

I know it will be hard to sort through, but every effort should be made to review the video footage or security surveillance, cellphones, etc to identify the faces in the crowd. The authorities should offer a reward for evidence leading to the arrest and conviction of these murderers, before they decide to trample on someone else at the next bargain basement sales event.

[blue meanie]

I have seen people talking about the guilt of the shoppers. The TV report (by AP) featured a woman who was there who faulted her fellow shoppers for their irresponsible behavior and their callous indifference. And I read a columnist in The Chicago Tribune who also placed the blame on the people who did the storming and the trampling.

[oldGunny]

"Without a union it is entirely up to Wal-Mart's management to determine whether or not they took legitimate precautions to prevent this incident."

I'm sure OSHA has something to say about this.

[anney]

But Bush has effectively crippled OSHA, so the man's family will probably have to sue them.

[kgb999]

Best Buy put out a statement describing their Black Friday precautions. It was like night and day - they had roped off areas, passed out tickets to hot items, and had employees working the lines telling shoppers what to expect for hours before the doors opened. Compare that to the mob scene at WalMart.

Plainly, WalMart doesn't care about it's shoppers any more than it does it's employees. WalMart is a cancer.

[blue meanie]

I think every effort should be made to hold Wal-Mart accountable. Why are we not surprised that such an incident happened at a store owned by a company which is so anti-union?

[scooperss]

A Walmart manager next to where I live was overheard telling an employee that her job priority was NOT to help customers. I haven't been back there since.