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The National Labor Relations Board released a decision Monday, saying that Walmart had violated the rights of workers who participated in Black Friday strikes last year.

(AP file photo)

CLEVELAND, Ohio -- Walmart "violated the rights of employees" who participated in Black Friday strikes and protests last year, said a National Labor Relations Board decision released Monday.

On two national television broadcasts, "Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests" on Nov. 22, which was Black Friday, the decision said. The NLRB also found that Walmart officials made such statements to employees in California and Texas. The strikes and protests were organized by OUR Walmart, a group comprised of workers, former workers and supporters.

The labor board found that in Ohio and 12 other states, Walmart "unlawfully threatened, disciplined and/or terminated employees for having engaged in legally protected strikes and protests." Strikes and protests were not held in Cleveland last Black Friday. The dozen other states are: California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Texas and Washington.

Thirdly, the NLRB found that Walmart stores in California, Florida, Missouri and Texas "unlawfully threatened, surveilled, disciplined, and/or terminated employees" in anticipation of workers participating in Black Friday strikes and protests or in response to employees' involvement in them.

As is customary, the labor board released its decision before issuing charges against Walmart. The NLRB said that If the parties cannot reach settlements in the cases, complaints will be issued.

Cases before the NLRB are often resolved when the parties agree to a settlement.

A group called Making Change at Walmart, which is associated with the United Food and Commercial Workers union, said it welcomed the NLRB announcement.



"Walmart is going to be given a chance to settle this, and the settlement is going to have to include putting people back to work with back pay," said Dan Schlademan, director of Making Change at Walmart.

Walmart called the NLRB move "just a procedural step" -- and an unfair one at that.

"We disagree with this position by the (NLRB's) Division of Advice," Walmart said in a statement the retailer emailed to The Plain Dealer. "This is just a procedural step, and we will pursue our options to defend the company because we believe our actions were legal and justified."

At a news conference in Washington, D.C., Monday, OUR Walmart announced the NLRB decision, which the board later confirmed. The group is backed by

Making Change at Walmart.

"The decision was not a surprise to us," Schlademan said. "Walmart workers, and those who engage with Walmart, know that, unfortunately, this is the way that they carry on violating workers rights.

"This is going to be a reminder to these workers that it is time for us to stand up to corporations like Walmart and tell them that stepping on workers' rights is unacceptable."

The NLRB found that other claims the workers made in the complaint, filed last November, were unwarranted. For example, Walmart had a right to tell strikers and protesters in Illinois and Texas to move from Walmart's property to public property. Stores in California and Washington did not unlawfully change workers' schedules and engage in other acts of retaliation, the NLRB said.

OUR Walmart, along with other labor and activist groups at the news conference, would not say how the NLRB decision would impact Black Friday this year -- Nov. 29. The group said it would reveal details closer to the date. The strikes in Ohio and other states have focused on better pay, increasing the amount of full-time work and improving safety and other working conditions.

Also Monday, The Plain Dealer reported on how a Walmart store in Canton was holding a food drive for employees who can't afford Thanksgiving dinner. OUR Walmart said this is proof that the world's largest retailer pays workers too little.

In its statement, Walmart said it is a responsible employer.

"The fact is, we provide good jobs and unparalleled opportunities for our associates," the statement said.

The statement continued: "It's important to note that there has not been one decision in the last five years by the NLRB or by a court finding that Walmart violated the National Labor Relations Act. That is because we take our obligations under the Act very seriously and we train our managers accordingly. "

The act "guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union."