On Any Black Friday, #WalMartStrikers Could Be Replaced—Permanently.

WalMart Strikers

By the time you read this, the post-Thanksgiving shopping day known as “Black Friday” will largely be over.

However, among the fights over Barbie dolls and home theater systems, in what has become an all-too-predictable post-Thanksgiving tradition, union-sponsored protests occurred all over the nation at dozens of WalMart stores.

While the union protests are predominantly attended by non-employee, union-paid protestors (aka astroturf), some of the protestors are, in fact, striking WalMart employees.

What is their beef with the nation’s largest employer?

From the unions’ perspective it’s easy: Unions–primarily the United Food & Commercial Workers–want the retail giant unionized.

To the UFCW, with an average dues take of $40 per month, unionizing the WalMart would be like hitting the Powerball jackpot–giving the union potentially millions of dollars per month in union dues.

Moreoever, rather than going from store to store and having WalMart’s workers vote in a secret-ballot election on whether or not to unionize, the UFCW and its co-conspiratorial activist allies would prefer to unionize WalMart through the flawed process known as “card Check.”

However, to the union’s targets, WalMart’s employees, the answer boils down to one word: Money.

…And, this is where the union’s strategy could be a flawed one should WalMart choose to exercise its legal rights:

WalMart employees who choose to go out on strike (whether it’s on Black Friday or at any other time) for exconoic reasons like wages cannot be fired.

However, they can be replaced. Permanently.

Affirmed by the U.S. Supreme Court in 1938, permanently replacing economic strikers has always been legal under the National Labor Relations Act.

In fact, even the National Labor Relations Board explains replacing economic strikers, as follows:

Economic strikers defined.If the object of a strike is to obtain from the employer some economic concessionsuch as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers whenthe strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement. [Emphasis added.]

There is little question that the striking employees are protesting over their claims of low pay. As a result, there is little doubt that they should be deemed “economic strikers”—even by the union appointees within Obama’s National Labor Relations Board.

Though it is doubtful that WalMart will choose to exercise this legal right–at least for now–the giant retailer would be well within its rights to replace striking employees–permanently.

Then again, there’s always next year.

#WalmartStrikers outside DC @Walmart calling for $15/hr and FT hours pic.twitter.com/l4etyu82Xl

— The Other 98% (@other98)

Via: Red State Labor Union Report

    

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Via: Fox Opines

    

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Tech at Night: Europe getting frisky about regulating America

Tech at Night

It’s Thanksgiving so I’m going to go quickly tonight. Happy Thanksgiving.

It is worth noting that the European Union is currently starting to get more aggressive about trying to regulate other countries, and businesses in other countries.

We all know Barack Obama won’t lift a finger, but we should be mindful for Congressional action, at the very least.

The Euros are already actively censoring the Internet, at least for firms in Europe, with their “right to be forgotten” which they now want to expand globally. Global Internet censorship.

And as if that’s not enough, they want to break up American companies like Google now and yup, it’s entirely up to the Republican-run House to stop it, since the Democrat leadership won’t do diddly to stand up for liberty.

The supporters for the sales tax bill are determined to get it passed. I sincerely hope next Congress they don’t overreach into states that don’t opt in. Also, protip: echoing Democrat attacks like ‘do-nothing’ isn’t the way to win over conservatives, folks.

Mass copyright infringement is already a felony. It’s a fair question, whether we need intermediate range penalties, instead of just low end or high end.

Did Netflix’s dishonesty ruin the case for Net Neutrality with the public?

This is why the Internet of Things is a terrible idea.

I hope it’s true that fugitive Kim Dotcom is broke.

The post Tech at Night: Europe getting frisky about regulating America appeared first on RedState.

…read more

Via: Red State Tech

    

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