When
it comes to its policy on handling its 1.3 million workers, Wal-Mart,
the world’s biggest retail department store always seems to
revert to its old ways and keeps trying to see its “human
resources” as some band of indentured servants.
So
it was with Thomas Smith, a 52-year-old who was earning $9 an hour at
the East Greenbush, N.Y., Wal-Mart, until he reportedly cashed in
$5.10 worth of cans he found in shopping carts in the parking lot of
the store, just across the Hudson River from Albany, the state
capital. Wal-Mart claimed ownership of the abandoned cans and fired
Smith for stealing company property.
Apparently,
Smith was never told that he could not take the five-cent deposit
cans out of the carts that he gathered up and returned to the store,
his regular job. A Wal-Mart manager directed him to repay the $5.10,
but he did not have the money, so he went home and took a bus
(reportedly a one-hour ride) from Albany, back to East Greenbush to
make the repayment.
Smith,
on parole since last May, after having served his time for an armed
bank robbery conviction 15 years earlier, felt he was doing a good
job at the store. He told an Albany newspaper, the Times Union, “I
did the right thing and stayed out of trouble. I worked hard and did
a good job. I ended up getting a raw deal.”
That
raw deal got Smith lots of notice across the country, through social
media. Money has started coming in from individuals, by check, and
by a “go fund me” account that has brought in a
considerable amount for him and his family. Also, a local civil
rights group, the Center for Law and Justice in Albany, is
contemplating a discrimination action against the giant corporation.
“As
we enter the season that reminds us of the power of compassion, love,
and peace, we call upon Wal-Mart to examine its treatment of its
employees and particularly Mr. Smith to the job that gave him some
self-respect,” said Alice Green, executive director of the
Center for Law and Justice (CLJ). Her organization also helps
ex-offenders find jobs and find their way back into their
communities.
At a
press conference at the center a few days before Thanksgiving, a
number of organizations expressed their support of Smith and made the
following demands of Wal-Mart: That he be reinstated to his job and
transfer him to a store closer to his home in Albany, that he be paid
loss wages from the time of his dismissal, and that the company issue
an apology and retraction of the store’s claim “that Mr.
Smith committed theft when he redeemed the discarded bottles and
cans.”
But
that brings in another aspect of the summary firing. When the
ridiculous nature of the firing (redemption of a few dollars worth of
thrown-away deposit cans), the company had to dig up another reason
for the firing. Aaron Mullins, a company spokesman, told a local
news reporter first that Smith was fired for redeeming the five-cent
cans, but then said that he was fired for a “human resources”
reason that he could not discuss.
One
of the reasons that Wal-Mart or any company for that matter, could
get away with using the lame excuse that a “human resource”
matter could not be discussed is that among the 1.3 million Wal-Mart
workers, there is not a single union contract. If there were a
union, the Smith firing probably would not have come up as an issue
at any level. Rather, it would have been resolved in negotiations
between a union steward and a supervisor.
Wal-Mart
sets its “labor policy” directly out of a union-busting
law firm’s playbook: use every means available to crush any
sign of organizing among the workers; threaten them with shorter
hours and loss of their discount and the loss of any other benefit
they might have; propagandize them endlessly about the evil of even
speaking about a union, and fire anyone who actually tries to
organize a union. Under the laws of the U.S., there is practically
no penalty for corporations for violating workers’ rights.
In
the U.S., there was one department, a meat department, of a Wal-Mart
that unionized and the company response was to close that department.
Since the company could have been charged under U.S. labor law with
discrimination, it covered itself by closing all of the in-store meat
departments, of which there were several. They also closed a
Wal-Mart that organized a union in Canada, where workers’
rights are highly respected, unlike the U.S. of A., where it’s
open season on workers like Thomas Smith.
Years
ago, it was revealed that Wal-Mart was holding classes to instruct
its new workers about how to apply for social service benefits like
Medicaid, benefits that are paid for by the taxpayers. That’s
how low the wages were and remain, and how paltry were the benefits
for those who could afford to pay for them. And, the company also
was reported to routinely take out life insurance policies on its
workers, policies that remained in effect even after the workers left
the job. It’s a direct company benefit from the deaths of
workers.
Somewhere
in their corporate machinations there is, in addition to the ill
treatment of their workers, activity that is wrongdoing on a massive
scale. Apparently, when a corporation does it (like the low cost
term life insurance they took out on workers) a little bit at a time,
they feel that it is not wrongdoing. When you do it on the scale of
their actions, it adds up to millions or even billions of dollars
that they drain from the public coffers. It is illustrative of how
Wal-Mart views its workers: as indentured servants, as chattel in so
many ways. People who are desperate for a job that pays even as
little as Wal-Mart does, are easily controlled by the threat of
losing that wage-slave job. The company knows it and keeps the
workers in fear, in part by routinely firing people like Thomas Smith
for any reason or no reason.
In
Smith’s case, he was never informed that he couldn’t turn
a few pieces of garbage into a couple of bucks, because that garbage
belonged to the company. They make it up as they go along. That
would not happen with a union and a union contract, which would spell
out exactly how such cases are handled and such a case as this one
likely would not ever end in a firing. A union contract ensures due
process and provides a curb on the arbitrary nature of an unfettered
management. In other words, it mitigates actions against workers by
a dictatorial corporation, such as Wal-Mart in its thousands of U.S.
stores.
Some
have suggested that Wal-Mart find him a job at another store, closer
to his home, but that’s not likely to happen. Corporations
don’t apologize and don’t make restitution, unless they
are forced. And, there was a suggestion by another chain department
store that he might be hired there, but for now, Smith at least has
the attention of many Americans and may receive enough money to carry
him over until he finds another job. Checks can be sent to Thomas
Smith, c/o The Center for Law and Justice, 220 Green St., Albany, NY
12202. Or, visit the GoFundMe website for Smith.
|