Walmart Stores, Inc. and The Organization United for Respect at Walmart (OUR Walmart)
National Labor Relations Board
368 N.L.R.B. No. 24 (2019)

- Written by Sean Carroll, JD
Facts
A group of employees of Walmart Stores, Inc. (Walmart) (defendant) formed the Organization United for Respect at Walmart (OUR Walmart) (plaintiff). OUR Walmart organized various Walmart employee strikes around the country. There was evidence that OUR Walmart members had a plan to repeatedly strike, return to work, and strike again. After one such strike, called the Ride for Respect, Walmart disciplined or discharged 54 participating employees. The Ride for Respect was the only strike in which 29 of the participating employees participated. OUR Walmart brought a complaint against Walmart at the National Labor Relations Board (NLRB). OUR Walmart alleged that Walmart violated § 8 of the National Labor Relations Act (the act). Walmart argued that the Ride for Respect was an intermittent strike that was not protected by the act. The administrative-law judge (ALJ) found that the strike was not an intermittent strike and ruled in OUR Walmart’s favor. Walmart appealed.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (McFerran, Member)
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