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Big news out of Canada.  Wal-Mart has filed an injunction to try to censor the online initiatives of the UFCW in their efforts to reach out to Wal-Mart workers and provide an online forum for them to share their stories. The move filed by Wal-Mart seeks to remove similar Wal-Mart logos and expressions.

Their reasoning? Wal-Mal is worried that the website is “deprecating the value of the goodwill” of their brand. Rest assured Wal-Mart, you did that a long time ago.

Keep reading for Al Norman’s must-read expert analysis.

This breaking news story should be placed in the circular file. Watch what you say around Wal-Mart Canada.

Over the years, the giant retailer, in exercising its own brand of censorship, has forced recording artists to change lyrics and ‘sanitize’ album covers, removed certain magazines from its racks, and generally cultivated its own corporate sense of what the public should or shouldn’t see. Now the retailer has developed a list of words and images that it doesn’t want its workers to read on a union website. On June 19, 2009, the Wal-Mart Canada Corporation filed an injunction in Montreal to force the United Food and Commercial Workers Canada from using words like “Wal-Mart” alone or with other words “in a color scheme of blue, white and gold” which is similar to that adopted by Wal-Mart Canada.

The injunction seeks to bar the UFCW from using such words or symbols on its website, business cards, flyers or advertising. The company has included in its injunction “an oval, circular or semi-circular design that adopts the essential characteristics and color scheme of Wal-Mart’s Rebranded Indicia.” Wal-Mart Canada also wants the union to “immediately take down the website” http://www.walmartworkerscanada.ca, and to stop using the expression “Get Respect. Live Better,” which the retailer says infringes on its trademarked phrase, “Save Money. Live Better.”

The union would be banned from using Wal-Mart’s new “spark design” that includes “spokes or figures” like the company’s logo. Also on the banned list would be the words “Wal-Mart Workers Canada,” and the use of any images or photos of people wearing “the blue vest and name tag badge similar to those worn on the job by Wal-Mart employees in Canada.” Wal-Mart charges that the UFCW’s website and its images constitute a violation of Canada’s Trade Marks Act, and that the UFCW actions are “deprecating the value of the goodwill” of the company’s trademarks.

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In a unionizing effort that stretches back to 2004, it would appear that Wal-Mart has once again attained the upper hand.

After four years of legal wrangling, Wal-Mart workers in Weyburn, Saskatchewan were finally granted union status last December. It had been four years since the United Food and Commercial Workers union originally filed an application to represent the Weyburn Wal-Mart workers based on the fact that more than half the store’s workers had signed union cards, but victory seemed within grasp. And that victory seem even closer in April, when an application Wal-Mart filed for reconsideration of union certification was dismissed by the Labour Relations Board of Saskatchewan.

Wal-Mart appealed, however, and now a Saskatchewan judge has pulled a Lucy, yanking the football away from Weyburn’s band of Charlie Browns.

A Saskatchewan judge has overturned the union certification of a Weyburn Wal-Mart store, saying workers should be allowed to vote on the matter...The law in 2004 was that if more than 50 per cent of employees signed cards, a secret ballot vote wasn’t required. However, after the Saskatchewan Party won the 2007 provincial election, defeating the NDP, the law changed — an employee vote is now mandatory before certification can be considered.

Where the Labour Relations Board had held that the applicable law was that in place at the time union status was filed for, this judge took the opposite route. He ruled that the amended law should have been the basis of the Labour Board’s decision when it ruled last year.

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Wal-Mart workers from across the nation are converging today on Capitol Hill for a National Organizing Meeting to brief Senators about wages, benefits and the Employee Free Choice Act. We have Wal-Mart Watch peeps down on the Hill, and will have more updates as the day goes on.

Wal-Mart Workers Holding Historic National Organizing Meeting [UFCW Release via EarthTimes]

WASHINGTON - (Business Wire) Walmart workers from across the nation are converging today on Capitol Hill for a National Organizing Meeting to brief Senators about wages, benefits and the Employee Free Choice Act. Nearly 100 Walmart workers from 17 states are participating in the event. As part of their campaign for a union voice on the job, they will urge lawmakers to level the playing field for working people by supporting the Employee Free Choice Act.

“I made the trip into Washington DC to stand with my fellow Walmart workers and to urge my Senators to pass the Employee Free Choice Act,” said Dominique Sloan a Dallas, Texas, Walmart worker. “We need change in this country. All you have to do is look at how all the money goes to CEOs. But when it comes to workers, it’s always the same, no health care or health care that’s too expensive and low wages. We need to change that.”

The National Organizing Committee is made up of Walmart workers from Arkansas, Colorado, Florida, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, Washington and Wisconsin.

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Workers at a North Miami Beach Wal-Mart Supercenter are hoping to make their store one of the first Wal-Marts in the United States to unionize. The Miami Herald is reporting that workers have gathered signed pro-union cards from 150 of the store’s 476 employees.

If a majority of workers were to vote to join the United Food and Commercial Workers union, Wal-Mart would have to negotiate a contract setting pay, work rules, complaint procedures, health insurance and other benefits for the workers.

The Miami store is the most impressive example of card-signing activity, the movement occurring despite the fact that the Employee Free Choice Act movement remains in neutral in Washington. It isn’t the only unionizing target, however, as the UFCW admitted the North Miami Beach store is only one of about 100 Wal-Mart stores it is working to organize in 17 states, according to the Arkansas Democrat Gazette.

Meghan Scott, a Food and Commercial Workers spokesman in Washington, said the union increased its organizing efforts after the election of President Barack Obama and the reintroduction this year of federal legislation that would make it easier for workers to gain union representation. “We’ve seen a pretty significant uptick in calls from Wal-Mart workers across the country,” Scott said. “The workers just seem to be emboldened in a way that they have not been in the last few years.”

The Miami store is a continuation of a trend that began earlier this month, when the Wall Street Journal reported on organizing efforts in Texas and Illinois.

‘’If we vote and we get it [union certification], they can’t do nothing but go along with it,’’ (Miami employee) Cheryl Guzman said. ``That’s my hope and prayer.’’

Read more after the jump:

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Today will be a busy day for Wal-Mart workers in Miami, Florida, who are rallying to show their support for a union and to demand an end to harassment and intimidation. The workers’ petition in favor of a union follows in the footsteps of other brave workers—like Aubretia Edick and more recently, Wal-Mart workers in China—who realize that by speaking out they can make a tangible difference in their own lives.

Walmart Workers, Community Leaders Demand End to Intimidation and Harassment [Wal-Mart Workers for Change Press Release]

Walmart workers will be joined by Andre Williams, Miami Gardens City Commissioner, and other community supporters as they sign and deliver a petition to store management at the Walmart store in North Miami on Wednesday, April 22 at 5:15pm.

Walmart workers at the store are trying to form a union to improve their wages and gain affordable health care. Walmart management has begun a relentless campaign to pressure its employees not to join together, including measures that are clearly illegal. Workers and community members are demanding that Walmart cease its illegal coercion, intimidation and unfair labor practices against workers in the Miami store. A petition and letter will be delivered to the store’s management.

WHAT: Walmart workers deliver petition to store management

WHERE: Corner of NE 164 St. and NE 15th Ave. Outside of Walmart Supercenter Store #3235

1425 Northeast 163rd Street, North Miami Beach, FL 33162

WHEN: Wednesday, April 22nd, 5:15pm

WHO: Walmart Workers trying to form a union. Andre Williams, Miami Gardens City Commissioner. Community supporters

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Good news this morning: the Wall Street Journal reports that more and more U.S. workers are getting organized and signing union cards.

Clearly, much of the mainstream/business media might want to focus on a big, bad union launching an organizing drive against Wal-Mart - as if it were some kind of military offensive.

But that’s missing the real story. UFCW is a labor union: their organizers are always spreading the word about unions and organizing workers. That’s their job. The real story is the workers who are now signing union cards, not union officials, and certainly not Wal-Mart spokespeople.

In Duncanville, Texas, almost 60 workers have signed union cards. That’s no small number of workers who are ready for change - and they’re not going away.

As always, we’re going to use this blog as best we can to tell the stories of real workers - that are much more powerful that anything we can write. Hopefully this media attention will cause a stir and inspire more workers to speak out about their jobs. So for any workers reading, tell us what’s been happening in your store - we’ll make sure the word gets out. Are your coworkers talking about a union? Is management cracking down and making you sit through more “meetings” against your will?

As J.R. points out this morning, this is exactly why we need the Employee Free Choice Act. EFCA would stiffen penalties against companies like Wal-Mart who take advantage of their monopoly on power to intimidate workers away from unions.

Union Intensifies Efforts to Organize Workers at Wal-Mart [Wall Street Journal]:

The United Food and Commercial Workers union is ramping up organizing at Wal-Mart Stores Inc. after a five-year lull, dovetailing with its efforts to win support in Congress for a bill to make union organizing easier.

The Bentonville, Ark., retailer, a leading opponent of the legislation, said managers have seen increased union activity at a number of stores, prompting mandatory meetings to discuss unionization. “We have noticed that the UFCW has been working harder lately in its attempts to get Wal-Mart associates to sign union cards, but we don’t think our associates have any reason to be more interested than before,” said Wal-Mart spokesman David Tovar.

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If there was ever a example of why we need the Employee Free Choice Act, its the saga of Wal-Mart workers in Jacksonville, Texas.

In February 2000, workers at a Wal-Mart meat department in Jacksonville, TX voted to form a union by 7-3 margin. Instead of honoring the vote and opening negotiations with UFCW, Wal-Mart took the standard company option: it closed all in-store butcher departments in favor of pre-packaged meats. If Wal-Mart’s union-busting reputation was ever in question, this case erased any doubt years ago.

Unfortunately for the workers, the National Labor Relations Board upheld Wal-Mart’s decision to close the department. Occupational Health and Safety Magazine wrote on the NLRB decision: “Because of the conversion, the meat department had become an inappropriate bargaining unit, meaning Wal-Mart had no general duty to bargain with the UFCW.”

Upon appeal to the U.S. Court of Appeals for the District of Columbia Circuit, UFCW was faced with a test they simply could not pass. The legally appropriate ‘community-of-interest test’ allowed a unanimous three-judge appellate panel to uphold Wal-Mart’s right to eliminate butcher departments since they had no particularly special skills; citing the incident as analogous to a typical closing, effectively cutting butchers out of the picture for good. Although Wal-Mart could avoid recognizing the union, it still had to “negotiate over effects of the new meat program on the workers.” Well these negotiations took nine years. Now only one of the original 12 employees still works at the store. One employee died during the delay and the others moved on to other jobs. “Nine years is a long time,” said UFCW spokesman Johnny Rodriguez. 

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We’ll continue to update this story as we find out more info. The following press release was sent earlier today by the United Food and Commercial Workers Union:

TYLER, Texas--(BUSINESS WIRE)--“Yesterday, after nearly a decade of legal maneuverings and circumventions of federal law, Wal-Mart was finally forced to the bargaining table in Jacksonville, Texas. More than nine years ago, workers in the meat department in the Jacksonville Wal-Mart voted to be represented by United Food and Commercial Workers Local 540. What Wal-Mart proceeded to put these workers through was both unlawful and unconscionable.

“In one of the company’s most audacious displays of hubris, Wal-Mart first ignored the workers, refusing to bargain with them or provide information to their union. Only after the National Labor Relations Board issued a complaint against Wal-Mart did the company try to move the goalposts by claiming that workers in the meat department had lost their right to representation because the skilled meatcutting jobs had been replaced by a prepackaged meat program. Eight years and several legal battles later, Wal-Mart ran out of excuses when the United States Court of Appeals forced the company to bargain with these workers.

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The Saskatchewan Labour Relations Board (SLRB) has agreed to hear a complaint by the United Food and Commercial Workers (UFCW Canada) accusing Wal-Mart of engaging in unfair labor practices as defined by Saskatchewan law. What’s more, the SLRB has ruled that Wal-Mart’s actions outside the province of Saskatchewan can be taken into account in assessing whether it is engaging in unfair labor actions within the province.

This means that the SLRB can take into account the example of Jonquiere, Quebec, when ruling on UFCW Canada’s complaint. It was in that small town, just over 100 miles north of Quebec City, that Wal-Mart announced it was going to shut its doors after workers voted to make the Jonquiere store the first unionized Wal-Mart in North America. The closure put 190 employees out of work, served as a warning for workers at other Wal-Mart stores who may have considered unionization against the company’s wishes.

Board chair James Seibel said the board was not required to determine whether Wal-Mart had acted illegally in Quebec to consider whether its actions “intimidated employees in Saskatchewan” from exercising their right under the province’s Trade Union Act to “organize and be represented by a bargaining agent of their choosing.”

“The fact that the actions of Wal-Mart upon which the allegations are based were committed outside the geographic confines of Saskatchewan does not mean that they cannot constitute (a) violation of the restriction on intimidation of its employees in the province,” Seibel ruled.

As the UFCW Canada complaint moves forward in Saskatchewan, it will be interesting to see if Wal-Mart’s actions in Quebec play a significant role - the company’s labor issues have yet to fade away there. According to the National Union of Public and General Employees:

The ruling is the latest in a series of setbacks for Wal-Mart in Canada. The company recently shut down a second operation in Quebec – a tire and lube shop in Gatineau – after failing to stop a union contract from being imposed there. Meanwhile, a Supreme Court of Canada case arising from the Jonquiere closure is scheduled to be heard within months.

We’ll keep you posted.

Wal-Mart actions in Quebec intimidate employees elsewhere [National Union of Public and General Employees]

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Breaking news from the CBC: a Canadian arbitrator will impose on Wal-Mart a collective agreement signed by employees in Gatineau, Quebec. The agreement involves wage raises and more vacation time for the eight employees at the store’s tire and lube shop. It’s the first time such an agreement has been implemented at a Wal-Mart in North America. A spokesperson for the company expressed unhappiness with the deal, stating that collective bargaining with employees is “incompatible” with the company’s business model. Details sure to follow.

UPDATE: More from Reuters

Landmark Wal-Mart ruling released by Quebec arbitrator [CBC News]

A Quebec arbitrator has imposed a collective agreement on Wal-Mart for the first time in the world’s largest retailer’s history.

The arbitrator released the decision Friday on the contract for eight workers at a tire-and-lube garage at a Wal-Mart store on Maloney Boulevard in Gatineau, just across the river from Ottawa. The workers are represented by the United Food and Commercial Workers Canada.

Guy Chenier, head of the local representing the workers, said the union is delighted with the deal, which gives the workers raises averaging 35 to 40 per cent effective immediately, as well as more vacation.

A spokesman for Wal-Mart said the company is unhappy with the decision and it is “incompatible” with the company’s way of doing business. Wal-Mart is the biggest company in the world, according to the Fortune 500 rankings, and recorded nearly $13 billion US in profits in 2007 — yet its front-line employees make less than $20,000 US a year, on average, and the company has been cited for union-busting tactics by government agencies and independent watchdogs.

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