WALMART PROTESTS: They can be enjoined on Walmart property and shopping center common areas, the Supreme Court has ruled. UFCW

The Arkansas Supreme Court today rejected most of a union’s argument that it should not be prohibited from demonstrating against Walmart at its stores and nearby shopping areas.

The Supreme Court said the National Labor Relations Act did not prevent Walmart from claiming trespass by picketers and it also said the union couldn’t assert a claim to demonstrate on common areas, such as parking lots and sidewalks, in Walmart shopping centers.

Advertisement

The court upheld an injunction against the United Food and Commercial Workers Union and a related organization, United for Respect at Walmart. The groups have organized nationally for years behind demonstrations to encourage better pay and working conditions at the retail chain and to protest retaliation against employees who speak out.

The Supreme Court agreed with the union organizations that a Benton County Circuit Court ruling went too far in banning “all non-shopping activity,” including non-disruptive conduct, as Walmart wanted. Injunctive relief requires a showing of irreparable harm and the Supreme Court said Walmart hadn’t proved that.

Advertisement

Based on the above, we hereby modify the circuit court’s order to include the following language after the words “non-shopping activities” and “non-shopping conduct” on page 3 and “non-shopping purposes” on page 5: “such as picketing, patrolling, parading, demonstrations, “flash mobs,” handbilling, solicitation, and manager confrontations.” This language was included in the preliminary injunction and properly limits the scope of the order to those activities that were proven by Walmart to cause irreparable harm.

The decision was unanimous, though Justices Courtney Goodson and Karen Baker would have ruled on different ground on the pre-emption issue. Justice Jo Hart said she wouldn’t have written the substitute language on non-shopping conduct, but sent it back to Judge John Scott to craft the language.

The decision brought this reaction from Making Change at Walmart:

Advertisement

Making Change at Walmart (MCAW), the national campaign to change Walmart into a more responsible employer, released the following statement from Campaign Director Randy Parraz in response to today’s ruling from the Arkansas Supreme Court:

We are pleased at the Arkansas Supreme Court’s decision to narrow the overbroad order.

Make no mistake, Making Change at Walmart will continue to fight for a better life for the millions of hard-working Walmart employees in every state across this country whose economic struggles have been long forgotten or ignored by Walmart and so many others. 

50 years of fearless reporting and still going strong

Be a part of something bigger and join the fight for truth by subscribing or donating to the Arkansas Times. For 50 years, our progressive, alternative newspaper in Little Rock has been tackling powerful forces through our tough, determined, and feisty journalism. With over 63,000 Facebook followers, 58,000 Twitter followers, 35,000 Arkansas blog followers, and 70,000 email subscribers, it's clear that our readers value our commitment to great journalism. But we need your help to do even more. By subscribing or donating – as little as $1 –, you'll not only have access to all of our articles, but you'll also be supporting our efforts to hire more writers and expand our coverage. Take a stand with the Arkansas Times and make a difference with your subscription or donation today.

Previous article Democrats look for ways to work with Trump Next article In Memory of Amy Edgington: ‘Collage Art by Arkansas Artists’