If you can't guard the henhouse, join the foxes
The story begins in humdrum fashion -- just another day of pushing the labor law envelope over at Wal-Mart. The New York Times' Steven Greenhouse reported last weekend that Wal-Mart Agrees to Pay Fine in Child Labor Cases:

Wal-Mart Stores, the nation's largest retailer, has agreed to pay $135,540 to settle federal charges that it violated child labor laws in Connecticut, Arkansas and New Hampshire.

Labor Department officials said most of the 24 violations covered by the settlement involved workers under age 18 operating dangerous machinery, including cardboard balers and chain saws.

What's different was that it went downhill from there. Greenhouse added:

A provision also promises to give Wal-Mart 15 days' notice before the Labor Department investigates any other "wage and hour" accusations, like failure to pay minimum wage or overtime.*

Congressman George Miller, who's tangled with Wal-Mart before, issued a press release on Wednesday blasting the arrangement.

Miller said that such an arrangement could allow the giant employer to cover up evidence of a violation and would discourage aggrieved employees who might fear retribution from the company.

"Neither Wal-Mart nor the Department of Labor has so far offered any support to explain why this arrangement is acceptable," said Miller. "This looks like a sweetheart deal that would help Wal-Mart’s executives and hurt its workers." (via Labor Blog)

Miller and the Democratic staff of the House Committee on Education and the Workforce also took specific issue with the contention that this was a common arrangement, listing difference after difference with Sears and Footlocker agreements cited by Department of Labor spokespersons:

First, Wal-Mart is given 15 days advance notice for ANY wage and hour investigation (not just child labor violations). [...] Second, the advance notice to Wal-Mart applies to ANY store. [...] Third, the advance notice to Wal-Mart [...does not serve the...] explicit purpose of allowing the store to complete the self-audit with the results to be shared with DOL ... [...] Fourth, the Wal-Mart agreement gives the company a 10-day abatement period to bring the store into compliance following a DOL finding of a violation. [...] Fifth, the Wal-Mart agreement contains a provision restricting how the DOL may communicate with the public or media about the agreement. (emphases added)

Wal-Mart has apparently already cracked the whip. eRobin of "fact-esque" noticed that the Labor Department removed a key reference from its initial press release on the matter:

The department's Wage and Hour Division found that Wal-Mart allowed teenage workers to operate hazardous equipment resulting in one teenager being injured while operating a chain saw. (emphasis from fact-esque)

The highlighted information, she reports, was removed from the second draft of the Labor Department press release.


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* According to a correction at the end of the New York Times article, Labor Department official Victoria Lipnic said the 15 day notice agreement was limited to child labor violations. However, as noted above, Congressman George Miller and the Democratic staff of the House Education and the Workforce Committee disagree, saying specifically that the agreement they analyzed was not restricted to child labor violations.

UPDATE, 2/19: The Union Leader forwards an AP report that the DOL/Wal-Mart agreement is under investigation: "We plan to review the circumstances surrounding this agreement," Labor Department Inspector General Gordon S. Heddell wrote in a letter to Miller. The congressman’s office released the letter yesterday. Labor Blog's Nathan Newman welcomes the development as a "small victory." The Union Leader also says that the injured teenager noted above was from New Hampshire, and that many of the other incidents concerned teenagers loading paper balers in Connecticut. Also, "eRobin" writes in to say that it was "Labor Blog" that caught the DOL sending the news of that injury down the memory hole, not her. Whatever; visit her excellent post on the subject of Wal-Mart's child labor violations. posted by Thomas Nephew at 10:59:00 PM -- |    

 
Best of the Rocky Top Brigade 2004
Last year Manish hosted a Best of the Rocky Top Brigade 2003. I thought it would be nice to revive the tradition. Manish seems to be MIA these days, hope he's doing well. I liked how he divided the posts thematically, so I'll keep his first theme, and summarize the rest.


Some people had lives
Sugarfused --- Deb sent But For the Grace of God, about some past struggles in her life. Her post this Sunday is a wonderful followup featuring her new baby granddaughter Hannah (b. November 2004).

Les Jones --- Les submitted a post called Actor Peter Greene, Uncredited Roles, and Missing Scenes about a favorite movie, "The Usual Suspects."

Big Orange Michael --- Another movie helped Michael recover some boyhood memories: "When the movie DodgeBall came out, it reminded me of one of my favorite games from junior high--slaughter ball. This is that story..." In a second post, Michael tells about winning tickets to a Titans game.

Hatamaran --- Teresa remembers a "woolly good time..." and has the pictures to prove it in I'll leave no fingerprints...

Inn of the Last Home --- Barry's post Tomorrow is Just 24 Hours Away... is about treasuring each day. He also shares observations on the occasion of his 20th high school reunion in What's Old is New Again, Part 1, Part 2, and Part 3.


Some people talked politics
Appalachia Alumni Association --- Hope wondered Should health care be a right or a commodity? She's justly proud that the post"was included as suggested reading for a course at the University of California San Diego." Later in the year, she reflected on Bush's win and prepared to kiss it all goodbye. Luckily for us, that was just a figure of speech.

Half-Bakered -- Mike Hollihan "caught a local university professor (of Literature, no less!) plagiarising an email going around the Internet for the Shelby County Democratic Party's offical newspaper." His posts about it are titled A Carefully Constructed Sloppily "Borrowed" Lie and [REPOST] A Carefully Constructed Lie.

SayUncle --- Two of his favorites came when he "did battle with local [WATE] news person Tearsa Smith over her misrepresenting the assault weapons ban." The posts are Gun misrepresentations in the local media and WATE follow up.

What can Brown do for you? --- John Norris Brown argues The Case Against Socialized Medicine: "Why socialized medicine will ruin our healthcare system."


Some people did a little of both
Alphapatriot: This is for You, Dad --- "A tribute to my father and other WWII veterans on the day of the opening of the memorial in Washington." Why Syria Should Be Next (And Why It Won't Be Necessary): "A treatise on the missing WMDs and W's nuanced foreign policy."

Newsrack --- I.e., this blog. The subject of John Kerry for President is obvious, but the format may be entertaining: a top ten list with lots of links to prior posts of mine and key articles around the internets. I summed up: "If over a thousand Americans can die for a screwed up war waged on false premises, at least two should be fired for it." In other news, I finally got to Germany to see the country and relatives I hadn't seen for years; I back-posted impressions of the trip and put up a Germany: travelogue "home post."

South Knox Bubba --- Looks like a Bush win in November is "from all the way back in August, yet I think it sums up my frustration with the election. Sadly, it was quite prescient." A second post, The Whole World is Watching: A History of Uncivil Obedience, "is probably my personal favorite." Finally, he likes this "non-political one illustrating the lost art of letter writing": Suburban Warfare.


Thanks to everyone who sent in posts for this; I know it's hard picking just one or two from a year's efforts. I hope readers will have a look at the ones that were submitted. posted by Thomas Nephew at 1:15:00 AM -- |    

 
Volunteer Tailgate Party
...being the best posts of the best darned bloggers of the best state of the best darned country on earth -- that's our story and we're sticking to it. I've listed the posts in the order I received them, in case anyone's wondering, and stuck mine in the middle. As usual, there's a lot of interesting stuff. Hope everyone recognizes the color -- "Go Big RGB(239,146,24)!"

Appalachia Alumni Association --- Hope's It's all so unfortunate post decries Medicaid cuts and blames Bush's tax cuts for the need to save money somewhere, anywhere. Her post This is unbelievable is about how Congresswoman Carolyn Maloney (NY) was "all but thrown out" of a Justice Department hearing seeking public comment about its National Protocol for Sexual Assault Medical Forensic Examination ... because her comments were not appreciated. (I'll spend my one "host prerogative" editorial comment to say: Hope's right.)

Sugarfused --- Deb submits Hannah, about her granddaughter, and says "Life has indeed come full circle for me." Her best 2004 post, But for the Grace of God, tells you where she's coming from.

WhitesCreek Journal --- Steve sends in Birds Nest: "Ospreys and the Commander all in one." The Commander, for those just tuning in, is a rusting 1954 Studebaker with its own blog.

Bob Stepno's Other Journalism Weblog --- Bob writes, "Even though I'm not sending out a lot of audio, I've been babbling about "podcasting" a lot lately, including Podcasting for the non-geek... This Podcasting & Video Blogging summary page will get updated from time to time."

Hatamaran --- Teresa Nolen Pratt asks Horses: Friends or Haute Cuisine?, and explains: "Two bills currently under review (S297 and HR503) will protect horses from slaughter--and they have been introduced because of public outcry. Please contact your representative or senator and ask them to co-sponsor the bills." Another post she'd like you to check out is Car Art: "Men love yarn, too. See this vintage car completely covered in miles of yarn. It's really cool." Is that the Commander? Unyarn him immediately!

Big Orange Michael --- Super Bowl post game thoughts "...is my reaction to the Pats winning the Super Bowl and the commercials."

Newsrack --- I suggest a new angle about that alleged "bulge" on Bush's back during the debates last year in "Bushisms" and "the bulge": a possible connection.

Les Jones --- Les goes with a post about a favorite movie, Movies for Usual Suspects Fans.

AlphaPatriot --- In The Complexity of W's Middle Eastern Policy, AlphaPatriot writes about the "domino theory of democracy in the Middle East and early signs that it is working."

Half-Bakered --- Mike Hollihan offers "some advice to the Libertarian Party on regaining relevance in the post-2004 political environment": The Liberta-whovians?

NashvilleFiles.com --- Blake's Current Project is fixing up his 71 Land Rover; it's been through a lot.

What can Brown do for you? --- John Norris Brown submits Traffic Light Cameras Approved ("Why they are a bad idea.") and "We're Being Invaded ("Why illegal immigration is a threat and what we must do about it.")

Inn of the Last Home --- "Yesterday morning, approximately 12:01 am, BrainyBoy v9.0 was released. The new version promised to be an improvement over the old version 8 in many ways..." Read all about it in ANNOUNCEMENT: New Upgrade Released And congratulations!

South Knox Bubba --- SKB sends in The hits keep coming, "a random sampling of the insanity we call government..." He proceeds to summarize eleven recent disturbing news stories, from the defense budget to North Korea to the 2004 election in Ohio and Florida, and concludes: "And that's just a random week in the first month of Bush's second term. We're on the Doom Train with the Masters of Disaster at the throttle." Whee!


By the authority vested in me, I also draw your attention to a great bird photo by Southknoxbubba, another one by Fletch at "Austin Country Limits," and finally, "Share the Rod," by Brian Arner, about buying paddles online for disciplining your kids -- and even special appointment cards so the young'ns will know when they've got it coming. Motto: "Because a single swat has more influence than a thousand threats."



Tap tap tap. Is this thing on? >>FEEDBACK<<. That's today's show, please pick up your empty cans and bottles and dispose of your trash before you head home. But first, the fictitious membership and rules committee has asked me to say that if you want to join the Rocky Top Brigade, contact Southknoxbubba (aka skb), our fearless leader. You should have a blog, and you're supposed to have some kind of Tennessee connection, but send him a good bottle of whiskey or five... somehow... and you might even get those rules relaxed. Or he might just not know the difference, or care if he did.

There's a mailing list which RTB members should join, just so it's easier to notify them of upcoming events like this one. Don't worry, it's not used for much else, although we do share it with some nice Nigerian businessmen from time to time. There's also a calendar (thanks, Barry!) where you can figure out your next chance to host a Volunteer Tailgate Party; contact Barry to sign up. It can be a good way to introduce yourself and get some new readers and comments. I did. And here you are. So to speak.


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UPDATE, 4/11: Southknoxbubba has upgraded everything having to do with "Rocky Top Brigade" signups and mailing lists; go to Rocky Top Brigade Membership Guidelines, where you'll find all the necessary fine print and a signup form. posted by Thomas Nephew at 1:10:00 AM -- |    

 
Wal-Mart union-busts Canadian outlet
Wal-Mart has abruptly ended negotiations with union negotiators for a recently unionized store in the Quebec city of Jonquiere -- by announcing it will simply close the store. In Friday's Washington Post, CEO Scott defended the move with typical arrogance (emphases added):

Wal-Mart has fought efforts to unionize its stores in the United States and Canada, and Scott yesterday said that third-party representation of workers is unnecessary.

"If you are listening to your associates and you are doing the right thing, I'm not sure why people would want someone to represent them," he said.

The union at the Quebec store was certified by Quebec Labor Relations Commission last year after the UFCW submitted union cards signed by a majority of the store's workers. Negotiators from the chain and the union met over three months to discuss a contract, but reached as impasse last week. The UFCW sought binding arbitration.

The Union of Food and Commerical Workers (UFCW) is furious:

"Wal-Mart is trying to send a message to the rest of their employees that if they join a union the same thing could happen to them," said Michael J. Fraser, the union's national director in Canada. Fraser said the union plans to file unfair labor practice charges against the chain with the Quebec Labor Relations Commission.

In a press release, the UFCW vows to keep fighting:

Joe Hansen, UFCW International President, announced a major grassroots mobilization targeting Wal-Mart CEO Lee Scott that will reach out to workers and concerned community members to take action in support of Wal-Mart associates. The UFCW launched an electronic petition campaign to Wal-Mart calling on the retail giant to, abandon plans to close its Jonqueiere, Quebec, store, and to live up to the responsibilities that come with being the worlds largest corporation. (link added)

Today, Canadian Press reports (via Canada.com) that Wal-Mart took out full page ads in Quebec newspapers, " telling its employees they are the "cornerstone" of the company":

Wal-Mart's ad says the company has found the last few days "very trying" and seeks to reassure its employees they are its "biggest strength."

"Never let anyone or the Media tell you otherwise," the statement reads.

"You represent the cornerstone of our organization and we believe it is a privilege to have such an exceptional team."

Lay off 190 people because they exercise their right to organize and negotiate, and it's trying for the company?! Does this strike anyone besides me as pathological? -- "This hurts me worse than it hurts you." I'll grant I was surprised to read the union was demanding 30 additional workers be hired at the store -- I would have thought wage and benefits increases would be more important. I'll be interested to read more about it.

But whatever the negotiating tactics and positions were, they shouldn't have been met with a store closure. Wal-Mart is acting in bad faith, and clearly doesn't accept that it can't set labor market rules by itself. Be sure and sign the electronic petition at the UFCW. And be sure to laugh out loud the next time you hear Wal-Mart trying to spruce up its image on radio or TV. Remember:

[CEO Lee] Scott said he wants Wal-Mart to overcome its reputation as a company that does not pay well and has minimal full-time workers.

"We want to get those myths off the table, set the record straight..."

posted by Thomas Nephew at 11:10:00 PM -- |