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Wal-Mart Weekly: Unions crop up again in the Free Choice Act

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Welcome to the 99th installment of The Wal-Mart Weekly, a column dedicated to bringing you insight, wit, facts, results, opinions, and just a bit of everything else when it comes to a very hot topic these days: Wal-Mart.

Wal-Mart Stores, Inc. (NYSE: WMT) has had a pretty good track record in clamping down on labor unionization inside its global contingent of stores. In North America, the retailer actually shut down the automotive department of a Canadian location after it unionized.

Will unions be able to ever crack the Wal-Mart barrier and sign up the retailer's employers to some kind of collective bargaining agreement? Wal-Mart's million-plus labor force would probably welcome union choice if it appeared in U.S. locations. The wages offered to many employees are not really in the realm of livable, and the retailer's critics have been extremely vocal about the company's growing sales and revenue -- even in this economy -- happening at the same time as employee wage stagnation.


The union and the boardroom

Like almost every industry in the last few decades, retailers have been moving away from labor unions to at-will employment for most entry-level and non-contract employees. The reason is simple: labor unions are a complete headache to most companies because they attempt to place human capital above all else. Whereas most of corporate America is shooting for nothing but sales and profits, labor unions attempt to balance that with employee compensation and needs at an equal level. That's a pretty narrow description, but you get the gist. As we saw with the mortgage meltdown in the last 18 months, mortgage companies and countless other industries were more interested in growth than with anything else of importance in business.

In a way, one could say that unions stand poised to make a comeback. That is, if the absolute power held by corporations continues to become throttled downward due to the absolute lack of intelligence in many board rooms and corner offices these days. Tie that with the fact that a civilian revolution (however that can be defined) may be forming around all this financial nonsense and it's easy to see that the greed and profit lust of the 1990s and early 2000s could be turned on its head.

Could the power of labor return as a result? In the Wisdom of Crowds, Jerome Surowiecki explained that businesses, economies and nations are all shaped by the many, not the few. In a way, the few that have held power in corporate boardrooms are not making some of the best decisions. In fact, I'd posit that less than 10% of active CEOs at the helm of U.S. companies have ever visited the front lines of customer service or manufacturing for their companies (or any other front-line position). That's a travesty, and if even remotely true, explains the nonsense that has caused the current recession we're all facing together.

The Employee Free Choice Act

Oddly, those in power like politicians and those who believe they are in power (like celebrities) all tend to look down on the standard citizen as a sheep-like merchandising, baby-making and consumption machine that keeps the U.S. economy running and those in power continuing to have what they cherish most. Make no mistake: the collective intelligence of the U.S. population would squash the collective intelligence of those in power if given a chance. It's arguable that if a corporation would give more to its employees and less to itself and its shareholders (the two greedy parties), that company would have the best-performing employees and would tower over its competitors.

Would fairer working conditions, better wages and best-in-class benefits help Wal-Mart become even more successful than it already is? The retailer is already the largest in the world and continues to grow its sales every quarter, regardless of the ongoing recession. Consumers have opened their hearts, wallets and purses to Wal-Mart in this tough day and age to continue providing for themselves and their families by spending as little as possible. Indeed, Wal-Mart's "Save Money. Live Better." corporate slogan tells each of us that while it may position itself to the retail trend of the day every year, it still have one goal in mind: value for the consumer. Period.

So, even though it continues growing every quarter, the Wal-Mart employee -- all of them -- are not really participating in all that success beyond continuing to have a job. Unionizing these workers is not like going to a local tire shop and organizing a few dozen workers. We're talking the largest private employer in the U.S., and one that has virtually any power over its employees as it needs.

Former Wal-Mart CEO Lee Scott responded to the Employee Free Choice Act by indicating that Wal-Mart was behind the driver's seat of the bus and that it intended to keep things that way. This indicates that Wal-Mart management really does think it's superior as a decision maker than the collective brains of its entire employee base. Who is right here -- Suroweicki or Scott? Only time will tell.

Join me right here this time next week for another edition of the Wal-Mart Weekly. Until then, have a great week.

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Last updated: November 25, 2009: 01:22 PM

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