The Arkansas Supreme Court upheld a Circuit Court decision that prohibits labor union protests on property owned by Wal-Mart Stores Inc. in the state, but modified wording that would ban all "non-shopping activities."
Attorneys for the United Food and Commercial Workers International Union and Wal-Mart appeared before the court on Oct. 20, after the union asked for a reversal of the 2015 Benton County Circuit Court ruling.
"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,'" Justice Robin Wynne wrote. "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."
Wal-Mart filed in 2013 for an injunction against the union and protesters, and the retailer also filed a complaint with the federal labor board, all stemming from protests that spanned from June 2011 to June 2013. Under the 2015 Circuit Court ruling union members were barred from entering stores or entering company property for any reason other than shopping.
Attorneys for the labor group appealed to the state Supreme Court, arguing the case should have been decided by the National Labor Relations Board.
A spokesman for the union said in a statement that the organization was "pleased with 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."
Wal-Mart and the United Food and Commercial Workers International Union have been involved in ongoing court battles related to protests across the country. Union attorneys have argued against injunctions in seven states, and in six of those Wal-Mart was granted a permanent injunction. An Ohio case has yet to go to trial, but the retailer has a preliminary injunction.
Protests in Arkansas were held outside of Wal-Mart's headquarters in Bentonville and at stores in Bentonville, Conway, Rogers and Van Buren.
"We appreciate the Court protecting property rights and upholding our right to seek enforcement of the trespass laws against unions in these situations," Wal-Mart said in a statement. "As the Court's opinion notes, other states have agreed with this approach."
Business on 11/18/2016