Rep. Grayson Tackles Walmart

Walmart firings prompt Grayson to submit retaliation legislation By Sandra Pedicini Lisa Lopez and Vanessa Ferreira got involved in a national campaign calling for better pay and work schedules at Walmart stores. Then they lost their jobs. Wal-Mart Stores Inc. says they were fired because they had violated store policies, but the two Orlando-area women say the giant retailer retaliated against them for their parts in the campaign. Lopez and Ferreira have found an ally in U.S. Rep. Alan Grayson. He cited their cases when introducing a bill in Congress recently that would expand workers' legal options if they are fired after protesting employment conditions. "We have too many companies who try in all sorts of ways to punish workers who exercise their rights," said Grayson, D-Orlando. "They want docile, cowed employees, instead of employees who are willing to exercise their legal rights." Grayson wouldn't speculate on the bill's chances, but in a Republican-dominated House of Representatives, it appears unlikely to pass. "I think it would be very hard to get it passed, given our political climate," said Alayne Unterberger, associate research director of Florida International University's Research Institute for Social and Economic Policy. The bill has been referred to the House Committee on Education and the Workforce. No committee action on it has been scheduled. Employees who band together to improve workplace conditions are protected by federal law from getting fired as a result. But employees who are dismissed after fighting for better conditions must make their appeal through the National Labor Relations Board. Grayson's bill would allow fired workers to sue their employer and individuals with the company. The money they could recover would include triple their back pay or $1,000 for each day they were out of work. Both Lopez and Ferreira have been involved with OUR Walmart, a group affiliated with the United Commercial and Food Workers International Union. Walmart workers are not unionized, but OUR Walmart has organized protests demanding better pay, benefits and working conditions. Grayson joined Lopez last Thanksgiving when she was the only employee at her Kissimmee store to walk off the job to protest conditions there. She also has appeared in a video talking about how she needs food stamps to supplement her low pay. Ferreira walked out of her St. Cloud store last fall around Thanksgiving. Ferreira was fired in May; Lopez lost her job in June. "I was a voice," said Lopez, 43, who worked in her store's deli. "I actually spoke out and let them know how I felt." Wal-Mart spokesman Kory Lundberg said management fired the women because of repeated violations of store policies. Lopez's most recent problem, he said, was that she brought a "personal item" into the deli; Ferreira, he said, took overly long work breaks. Lundberg would not comment on Grayson's bill. Lopez acknowledged she brought a book of company policies in her handbag into the deli. Ferreira, who decorated Walmart cakes for eight years, disputes the company's account of her break time. Lopez is still employed by another grocery chain, where she had been working to supplement her Wal-Mart wages. Ferreira, 59, is looking for another job. Grayson is a fierce critic of Wal-Mart, saying its low wages force workers onto taxpayer-funded programs such as Medicaid. On Thanksgiving, Grayson gave out turkey sandwiches to employees at Lopez's Walmart along with pamphlets explaining their rights to unionize. Grayson wrote about his experiences on Huffington Post, saying he was escorted out of the store. Ferreira called Grayson's legislation "awesome." But both Unterberger and Patrick Muldowney, an employment specialist with the law firm BakerHostetler, said they think it has potential problems. Low-wage workers such as Lopez and Ferreira could have difficulty finding and paying for lawyers willing to take their cases, said Unterberger, whose group focuses on issues facing the working class. Muldowney said the legislation would put supervisors at risk of being ordered to pay hundreds of thousands of dollars in damages, back pay and legal fees. Also, the bill could make it easier for problem workers to keep their jobs, he said. "Obviously, employees need to be protected if they engage in protected activity," said Muldowney, a lawyer who represents employers. But "a lot of times you see employees who for one reason or another are on their way out the door because of legitimate performance-related issues all of a sudden latch onto a retaliation claim. This bill would provide a lot more cover for employees in that situation." Rep. Alan Grayson -- quite possibly the only Member of Congress who would side with two hourly employees against the largest corporate behemoth in America. Rep. Alan Grayson -- working hard to improve the lives of ordinary Americans. Rep Alan Grayson -- on our side, which is why we should be on his.