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St. Thomas Law Review

First Page

825

Document Type

Comment

Abstract

This comment will provide an overview of Wal-Mart's more questionable (and, in many cases, illegal) employment practices, with a focus on both labor violations and a deficient health care plan. It will address some of the negative effects that Wal-Mart's health benefit policy has on American taxpayers. The comment will then turn its focus to the possibility of a return to unionization in the private sector as a means of acquiring adequate pay and better benefits for Wal-Mart workers. This discussion begins with an outline of the basic provisions of the National Labor Relations Act ("the Act") and continues with data which shows a direct and substantial correlation between unionization and higher pay and better benefits. Next will follow a discussion of Wal-Mart's staunch antiunion stance, including recent violations found by the National Labor Relations Board ("NLRB"), illustrating the need for increased penalties and other enhancements to the Act to ensure employer compliance with the law and provide employees with safeguards when employers refuse to bargain with a duly-elected collective bargaining unit. The comment will outline a current legislative proposal which addresses some of these needs, including a discussion of the probable effects of the amendments, should they pass. In sum, the comment will show the necessity for consistent and aggressive legislative, employee-based, and media pressure on Wal-Mart in a manner which may effectuate much-needed changes to its employment practices and, hopefully, those of similarly situated employers.

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