|
75,000 Workers Sue Wal-Mart Over Wages, Forced Overtime
By Dan Richman,
Seattle Post Intelligencer
November 30th, 2007
[back to top]
Letters were set be mailed Friday
telling 75,000 current or former Wal-Mart workers in Washington that
they are plaintiffs in a statewide class action against the retail
giant.
The mailing is the latest development
in the suit, which was filed nearly six years ago in King County
Superior Court.
Set for trial in the spring of 2009,
the suit is "the largest wage-and-hour class action ever certified in
Washington state," class counsel Beth Terrell of Tousley Brain Stephens
PLLC in Seattle said Friday at a news conference.
"The workers will prove that Wal-Mart
failed to pay workers for some of the time they worked and deprived them
of legally required meal and rest breaks," Terrell said. "Wal-Mart's
drive for profits has come at the expense of its low-wage employees."
She estimated that damages against
Bentonville, Ark.-based Wal-Mart Stores Inc. will total tens of millions
of dollars in wages wrongly withheld from workers.
In Washington, the company operates 46
Wal-Mart stores and three Sam's Club stores, employing 12,000 to 15,000
workers, Terrell said. Any worker employed at a Wal-Mart or a Sam's Club
between Sept. 10, 1997, and the present is automatically a member of the
class, sharing in any benefits resulting from a verdict or settlement.
Workers may opt out of the suit if
they choose, and Terrell said she expects many current employees to do
so, fearing retaliation.
Lead plaintiff Georgie Hartwig Knoles
said she worked for more than seven years at the Wal-Mart in Colville,
where the store is the Eastern Washington city's largest employer.
"I put in two to five hours a week
every week without getting paid, just to get my job done," Knoles said
Friday.
"Once I clocked a few minutes over 40
hours per week. I got called into the store manager's office, him and an
assistant manager. They flat-out told me, 'If it happens again, you'll
be terminated.' "
She said she'd like to be compensated
for the hours she worked.
"I'd also like to see Wal-Mart go back
to treating the little people who are doing the work the way (founder)
Sam Walton wanted them treated -- like they were human beings," she
said.
Terrell said nothing has changed since
Knoles was laid off from Wal-Mart in October 2001.
"We continue to hear the pressure is
the same on the employees to get their work done, and every year, the
store manager is expected to reduce their payroll by 0.2 percent while
sales go up," she said. "We think the amount of off-the-clock working
has gone up."
Wal-Mart has acknowledged in some
cases giving one minute of compensation for an entire day's work and
otherwise manipulating workers' time records, Terrell said.
"What's unique is the shamelessness,"
Terrell said. "The documents we've seen are stunning."
Similar class actions against Wal-Mart
have been filed in more than 35 other states. Four have gone to trial
and been resolved, all in favor of the plaintiffs, Terrell said.
In California, plaintiffs won a
judgment of about $167 million. A Pennsylvania suit delivered a judgment
of $151 million, and a suit is currently being tried in Minnesota.
"We're hoping that with five or six
more (judgments) against them, even Wal-Mart can't afford this cost of
doing business," Terrell said.
Wal-Mart spokesman John Simley on
Friday called the adverse decisions "deeply flawed" and said the company
"obviously" intends to appeal them. He said courts in 18 states have
refused to certify the class in these suits.
"Wal-Mart is committed to treating its
associates fairly and in accordance with the law," he said. "The company
has very clear policies on meal and rest breaks, and in most cases,
those policies do more than is required by the law."
The Washington suit was filed in 2001,
but an unappealable ruling certifying the class was just won in May.
[back to top]
China
lists substandard Wal-Mart, Carrefour goods
Reuters
Thu Nov 29, 2007 [back to top]
BEIJING (Reuters) - China has
published a blacklist of substandard toy jugs and children's shoes sold
at Wal-Mart stores and drawing pens from French retailer Carrefour in a
quality sweep on children's goods sold at Beijing supermarkets.
China has been buffeted by food, drug
and other product safety scares in past months. More than 20 million
toys made there have been recalled worldwide over the past four months.
In response, Beijing has promised to
crack down on faulty manufacturers and suppliers, but also said much
responsibility lies with foreign regulators and buyers. It has also made
a point of naming foreign companies it claims also have problem
products.
A Wal-Mart Stores Inc spokesman,
Jonathan Dong, said the blacklist -- which appeared on an official Web
site on Thursday -- was more than two months old and the products, made
in China, had long been cleared from the shelves.
Inspectors had also blacklisted
children's toys at Wal-Mart stores in Beijing for problems regarding
parts that could come off and cause harm if swallowed, the Beijing
Administration for Industry and Commerce said on its Web site
(www.hd315.gov.cn).
The 54-item blacklist also included
substandard children's glasses, toothbrushes, building blocks and bikes
with shoddy brakes and handlebars, at a number of Chinese retailers.
"If consumers have bought the
substandard goods, with proof of purchase they can request the vendor to
recall the goods," the notice said.
Six children's products stocked at
Wal-Mart branches in Beijing had failed to meet standards, the notice
said.
Wal-Mart's "Bo bo" brand of "water
jugs" had failed plastic integrity standards, according to the notice.
"Over a long period of use, toxins
could accumulate in the body and cause harm," the notice said.
Wal-Mart spokesman Dong confirmed the
blacklist and said the retailer had been notified of the quality
results. He said he was not sure why the notice had appeared on the Web
site on Thursday.
"I guess they just wanted to be
transparent about it," he said.
Dong said any versions of the products
now on sale had been deemed safe, but customers with doubts could
nonetheless return them.
Last week, Wal-Mart was one of 20
companies sued by the California attorney general and Los Angeles city
attorney for manufacturing or selling toys with unlawfully high levels
of lead.
Chinese-made Carrefour drawing pens
were found with excessive levels of lead and chromium. A Carrefour
spokesman contacted by phone was unable to provide immediate comment and
requested an e-mail of questions.
The Chinese producer of the bead toys
that caused recalls in the United States and Australia has apologized
for using a toxic "date-rape" drug and damaging the reputation of the
made-in-China label, state media said on Thursday.
Vice Premier Wu Yi arrived in
Guangdong on Wednesday for "secret" spot checks on food safety, Hong
Kong's South China Morning Post reported.
She heads one of 12 inspection teams
that were checking hundreds of outlets on Thursday, officials were
quoted as saying.
© Reuters 2007. All rights reserved.
[back to top]
Bitter Fruit: Wal-Mart pressures farmers, drives down wages
By Tom Philpott ,
Grist.com
November 29th, 2007
[back to top]
As most Grist readers know by now, a
few giant corporations essentially control the meat industry -- they
lock up the bulk of the profits and impose harsh terms on farmers,
workers, livestock, and the environment. The meat they produce evidently
damages those who eat it as well.
Things aren't much different in the
fresh fruit and vegetable world.
In Florida, the ever-excellent Eric
Schlosser shows in a New York Times op-ed piece, the migrant farmworkers
who harvest the bulk of the nation's winter tomatoes are about to see
their already-poverty-level wages slashed this holiday season. Out west,
the Delta Farm Press reports, farmers are losing money selling peaches
for 40 cents a pound wholesale -- which big-box chains and supermarkets
then turn around and sell for $3.00/pound.
In both cases, huge corporations are
flexing their might, using their power as dominant buyers to suck the
bulk of the profit out of the food chain. They leave behind crumbs for
farmers -- and even less for farmworkers.
Why are tomato growers in Florida
plotting to slash wages? Schlosser puts it well:
Florida's tomato growers have long
faced pressure to reduce operating costs; one way to do that is to keep
migrant wages as low as possible. Although some of the pressure has come
from increased competition with Mexican growers, most of it has been
forcefully applied by the largest purchaser of Florida tomatoes:
American fast food chains that want millions of pounds of cheap tomatoes
as a garnish for their hamburgers, tacos and salads.
In 2005, as Schlosser reports, tomato
pickers got their first raise in more than a generation after a
protracted battle waged by a Florida farm-workers' union called the
Coalition of Immokalee Workers. The raise amounted to a penny for every
pound the laborers managed to pick -- a significant boost to worker
income.
In order to squeeze that penny out of
the farmowners, the union knew it had to target the fast-food chains who
buy most of the tomatoes. If the price farmers received for their
tomatoes didn't rise, they literally couldn't afford to pay the workers
more. So the Coalition of Immokalee Workers opened negotiations with
Taco Bell, which (after a long boycott) finally agreed to pay the extra
penny. In 2007, McDonald's fell into line.
But Burger King has steadfastly
refused to pay up -- and now Florida's largest tomato growers group, the
Florida Tomato Growers Exchange, has used Burger King's intransigence as
an excuse to scuttle the deal with the other fast-food giants. Thus the
workers will no longer get the extra penny per pound -- leading to pay
cuts of 40 percent. Ceding the raise would cost Burger King $250,000 per
year -- a rounding error in its annual profits.
Schlosser, in his expert muckraking
way, traces Burger King ownership to the august Manhattan offices of
Goldman Sachs, whose CEO last year earned the biggest bonus in Wall
Street history and will likely do even better this year.
Burger King's refusal amounts to a
massive and seemingly nihilistic show of force -- it singlehandedly
wields enough buying power in the tomato market that it can on a whim
nearly halve the wages of thousands of poverty-level workers. Meanwhile,
the situation out in California with peach growers is all about Wal-Mart
and big supermarkets throwing their weight around.
At a recent conference, the Delta Farm
Press reports, a stone-fruit farmers group official had this to say:
One-third of the industry is still
losing money, and one-third is breaking even, and one third is making
money.
That means two-thirds of farmers are
losing money or just breaking even. Why do the big retailers impose such
ruinous prices on farmers? Because they can.
The large retailers need to make high
profit margins on fresh produce to offset the low margins they earn by
selling processed foods. The processed-food industry is itself highly
consolidated, dominated by a few giants like Kraft. It's easier for
Wal-Mart and its ilk to low-ball a bunch of peach farmers than is to
squeeze the likes of Kraft. So Wal-Mart drives a hard bargain on
produce. Or, as the stone-fruit grower put it, "The margins for produce
continue to carry the load for the rest of the items in the
supermarket."
If peaches go for 40 cents a pound on
the wholesale market, I wonder what peach pickers make out in
California. As always, farmers try to make up for low prices by
producing more, hoping to make up on volume what they're losing on
price. I wonder what sort of environmental compromises they're making in
order to boost yields in those tomato fields and peach orchards.
Addendum: It should be noted that
Burger King recently rolled out a $1 double cheeseburger.
[back to top]
New
film highlights labor abuses at Canadian Wal-Marts
By Tyler Wolfe ,
Gauntlet News
November 29th, 2007
[back to top]
When thinking of a road trip, one
usually envisions a concert, party, or vacation and perhaps even a
little debauchery. There are those, however, who prefer to spend their
adventure in Wal-Mart parking lots.
Wal-Town is a film that follows a
group of Concordia University students activists as they travel across
Canada in an effort to inform consumers of what they consider to be the
less-than-ideal practices of Wal-Mart.
The film was presented by the Arusha
Centre's Action Film Series in conjunction with the Fair Trade Week and
was played at the Plaza theatre on Wed., Nov. 21.
The Arusha Centre is a Calgary-based,
collectively-run, member-supported, non-profit organization that
provides resources and programming on local and global social justice
issues. Their Action Film Series was created with the mandate of showing
and discussing films that have important social messages. Arusha
info-active coordinator, Sharon Stevens explained it is important to
have an environment where the message behind the film can be analyzed as
well.
"Often when you watch a documentary,
the information is pretty overwhelming and people often feel that it is
so huge that they cannot do anything about it," said Stevens. "We like
to have access to resources before, during and after each film. We try
and liven up the experience."
The Wal-Town showing featured a live
band playing before the film and a number of speakers to address any
questions afterward.
In Wal-Town, the activists tended to
take a non-confrontational approach to begin with; handing out pamphlets
and information on what they deemed to be the negative aspects of
Wal-Mart without being overly aggressive. They changed their tactics
when it became apparent that their message was not sinking in to the
degree they had hoped. Stevens noted this change of tactics paid off.
"At first [the Wal-Town activists]
were just handing out pamphlets and boring people to death at the
doorway [of Wal-Marts], but then they got more lively and painted
themselves yellow and it really seemed to work [at engaging the
shoppers]," said Stevens.
Ezra Winton, one of the leaders of the
activist group and co-founder of the non-profit Überculture Collective
explained the change of tactics also had another dimension.
"If you want to get on television news
you have to be visually intriguing," he said. "If [the TV crew] shows up
at a Wal-Mart and there are six people handing out pamphlets, it's not
really breaking news."
The attempt to engage people through
the use of theatrics paid off for the Wal-Town activists. Stevens
explained how the Arusha organization had used similar tactics to get
the public's attention.
"We taught people to stand on stilts,"
said Stevens. "[The public] will stop and listen to somebody who is
twelve feet high. If you stand out like that with a bright costume,
people will tend to stop and pay attention to what you have to say."
Winton got the idea to do the
two-part, cross-Canada tour when the introduction of a Wal-Mart in his
home town of Courtney, B.C., brought about far-reaching changes.
"I remember how the landscape of the
town change dramatically due to Wal-Mart being built there and thought
it would be cool to do a road-trip across Canada and see if it was
having the same effect on other towns, and to talk to the Canadian
public," said Winton.
Though critical of many of Wal-Mart's
practices, Winton was not arguing for a boycott of the retailer.
"It's not about preaching to people or
telling them what they should and shouldn't do--it's about having
dialogue and discussing all the things that we think are important
issues," he said.
One of the largest complaints the Wal-Town
activists had of Wal-Mart was their anti-union stance. The retail giant
closed its only unionized North American store in Jonquière, Quebec, in
2005. Although Wal-Mart claimed they closed the location because it was
not profitable, the Quebec Labour Relation Board subsequently found
Wal-Mart guilty of closing the location to avoid the union.
Winton felt this closure is indicative
of a wider anti-union bias throughout Canada.
"There is a real anti-organized labour
climate right now in Canada that is utterly disgusting and the ignorance
that runs across the cultural landscape, from teenagers to people in
their fifties about unions and organized labour is mind-boggling," said
Winton.
The experience was not all doom and
gloom, though. Winton noted the film is unrepresentative in that it does
not show the magnitude of support that his group received. All across
Canada there were people who took them in and fed them or gave them a
place to sleep--something the film fails to portray.
"I'm optimistic that there are small
steps being taken all the time and activists from all different areas
are achieving goals that will lead to a better world," said Winton. "The
film kind of leaves you feeling that it's an impossible uphill battle
with the public but it's not. The problem is curbing habitual
consumption. That's the battle."
[back to top]
Wal-Mart sets
record with HRC ratings plunge
By JOEY DiGUGLIELMO,
Washington Blade
November 28th, 2007
[back to top]
The world’s largest retailer set a
record this month but not one its managers are likely to be proud of.
Wal-Mart has the ignominious
distinction of having the biggest drop ever from one year to the next on
Human Rights Campaign’s annual “Buying for Equality” guide, which ranks
companies and identifies their most popular brands. The companies are
rated on a scale of zero to 100 with 100 being perfect.
Wal-Mart saw its 2006 rating of 65
plummet to 40 this year. That’s low enough to land in HRC’s red zone
(companies that rank zero to 45) which means gays and their supporters
are encouraged to “strongly consider other options,” according to Daryl
Herrschaft, HRC’s director of the Workplace Project which each year
oversees the shopping guide, the Corporate Equality Index and the Best
Places to Work guide. HRC doesn’t encourage boycotts.
Wal-Mart’s 2006 65 rating was enough
to stay in the yellow HRC zone (46 to 70). Green is best (80 to 100)
according to HRC’s criteria.
Wal-Mart’s drop resulted from losses
in two key areas, Herrschaft said. This summer the company opted not to
renew its membership in the National Gay and Lesbian Chamber of Commerce
(it joined in 2006) resulting in a loss of 15 HRC points. A discrepancy
from last year's study that was discovered in this year's answers
resulted in another 10-point loss.
Because HRC added four criteria to its
scoring this year (previously there were seven), two questions of which
pertained to transgender sensitivity issues, scoring 100 got tougher.
Wal-Mart had scored 57 the four years before 2006. This year’s score
puts it behind competitors Target, which just made green with an 80, and
Kmart which got a 100.
Unlike Bed, Bath & Beyond, CVS or
Lowe’s, Wal-Mart did cooperate with the survey by responding, yet its
anti-gay decisions from the past year kept it in the HRC ranking
basement with other companies like Toys “R” Us and Radio Shack. Best
Buy, Borders, Sears and others were among the retailers earning perfect
scores.
Wal-Mart responded to request for
comment only with a canned e-mail response from Dan Fogleman, a
spokesperson for the company.
“At Wal-Mart, our focus is always on
our customers and associates — and that means all of them,” the e-mail
said. “As an employer, diversity is truly one of our strengths. Since
the very beginning of our company, we have emphasized respect for the
individual. To us, that means every associate is valued and a partner in
our company’s success.”
Fogleman ignored requests for a phone
interview and answers to follow-up questions via e-mail.
Wal-Mart spokesman David Tovar was
only slightly more forthcoming with USA Today which quoted him as saying
Wal-Mart is “proud of our diversity initiative and we think we are
taking the right steps.” He wouldn’t comment on whether the rating might
hurt Wal-Mart’s holiday sales season.
The rating comes at an uncertain time
for the company. According to the Associated Press, Wal-Mart’s 2006
shopping season was its worst ever, though net sales for the third
quarter of fiscal year 2008 were up nearly 9 percent over the same
period for fiscal year 2007, according to a CNN report.
Wal-Mart’s Black Friday figures
weren’t available as of press time but the company told RTT News, a
financial newswire service, that it expects its November numbers for
this year to fall somewhere between last year’s number and 2 percent
higher.
But how much influence does the HRC
guide wield and, financially speaking, should Wal-Mart fear its plunging
score?
That’s tough to determine as the
influence of the shopping guide hasn’t been studied. A researcher at the
University of Vermont is working on a study to determine if HRC’s
Corporate Equality Index affects stock prices but its results haven’t
been published.
Last December, Witeck-Combs
Communications/Harris Interactive polled gay consumers about HRC’s
shopping guide and asked how likely the guide would be to influence
their shopping choices: 72 percent said they’d be influenced by it.
But the guide has an inverse effect in
some arenas as conservative groups, often religious, have been known to
encourage their supporters to support companies in HRC’s red zone and
avoid green zone companies. Herrschaft says HRC’s polling criteria,
which assigns point values in key areas, hasn’t been challenged either
by companies or conservatives.
Donald Wildmon, founder and chair of
American Family Association, sent an action alert to his supporters soon
after the shopping guide was published. Its main subject: Wal-Mart.
The group is encouraging its members
to stage a “buycott” at Wal-Mart in opposition to HRC’s findings.
Wildmon predicts if conservatives support Wal-Mart this holiday shopping
season while gays go to Target, observers should “look at Wal-Mart’s
sales at the end of December to see who won.”
The Association didn’t respond to a
Blade interview request but Wildmon said in his alert that the shopping
battle is really about marriage.
“Homosexuals have challenged
traditional marriage supporters to do battle,” he wrote. “We will now
see if traditional marriage supporters accept the challenge.”
It’s unclear how many shoppers in
either ideological camp are aware of Wildmon’s challenge. And because
there are many other factors at play — Target has about 1,350 U.S.
stores compared to Wal-Mart’s 3,400, for instance — making the holiday
shopping season a gay or anti-gay numbers game may be too tricky to
calculate fairly.
Herrschaft said the trend in corporate
America is to support gay employees and conservatives who avoid such
companies will find their shopping options severely curtailed.
“It’s next to impossible today to buy
only from a company that doesn’t support gays,” he said. “Any extremely
conservative person, if they’re using a computer, they’re probably using
a Microsoft computer and they got a 100 percent. If they drive a Ford,
GM or Chrysler automobile, they all have perfect HRC scores. If you use
a computer, drive a car or wear clothes, chances are you’re supporting a
gay-friendly company.”
But ideology aside, isn’t it easy to
sympathize with large companies that are constantly being pulled in two
directions? Wal-Mart faced enormous criticism from conservatives, Tony
Perkins and Family Research Council chief among them, when it joined the
gay chamber. Though stopping short of calling for a boycott, Perkins
urged supporters to “express their disappointment to Wal-Mart.”
Wal-Mart, then, is stuck in a
“damned-if-they-do-damned-if-they-don’t” pinch, unable to please any
group completely.
“That’s a good question,” Herrschaft
said. “But the vast majority of heterosexual consumers don’t make
shopping decisions on these kinds of issues and the company needs to be
sensitive to the needs of all its employees. By keeping (gay) employees
out, they’re really moving behind the times.”
Wal-Mart has been shifting on
gay-related matters for the last few years. Joining the gay chamber,
stocking DVDs of “Brokeback Mountain” and exploring the implementation
of DP benefits have variously been praised and criticized leading the
company, in June, to enact a policy to avoid “highly controversial
matters.” That’s when talks on gay benefits ended, Herrschaft said. HRC
executives had been involved in those discussions.
Although no large company has publicly
attributed weak sales to strong HRC ratings (or vice versa), groups like
American Family Association claim to wield influence. The group says its
Ford boycott that started in March 2006 resulted in a 9.5 percent drop
when the months of October 2006 and 2007 were compared. Ford sales
dropped 18 of the last 20 months since the boycott began, the group
said. The Association bills itself as a “pro-family advocacy
organization” with more than 2 million online supporters.
Meghan Scott, a spokesperson for
WakeUpWalMart.com, an advocacy group that has a litany of objections to
the way Wal-Mart operates, said the HRC score wasn’t a surprise to her.
“It’s somewhat indicative of the way
Wal-Mart treats all its employees,” she said. “If they chose to, they
could really lead the way in a variety of areas, with wages, benefits
and so on, but time and again, they’ve put the bottom line ahead of
everything else.”
[back to top]
Injured Wal-Mart Employee Case Sparks Outrage, Donation Fund
By Kimberly Morrison,
The Morning News
November 28th, 2007
[back to top]
The case of a former Wal-Mart Stores
Inc. employee left brain damaged and wheelchair-bound after a collision
with a semi-trailer truck, then forced to return the damages awarded for
her future medical care back to Wal-Mart, has stirred national outrage
over a case seen as an insurance nightmare where Wal-Mart is the
bogeyman.
Debbie Shank, 52, was a stocker for
Wal-Mart in Cape Girardieu, Mo., when the accident happened. Years of
court battles ensued while Wal-Mart footed a $470,000 bill for her care.
Her husband sued the trucking company and won. However, only $417,500
remained from the judgment after lawyers and expenses were paid. That
money was placed in a Medicaid trust fund.
Three years later, Wal-Mart sued the
Shanks for return of the funds paid toward her care. The Shanks lost
their last appeal in August, and now their attorney is asking the
Supreme Court to hear the case.
But news of the case was largely
regional, and even that had quieted until last week, when reports by The
Wall Street Journal and the Los Angeles Times sparked a wave of media
attention that surprised even Shank's attorney.
"NBC is sitting in my waiting room,"
said Maurice Graham, Shank's attorney, in a phone interview with The
Morning News from his St. Louis office.
Graham said the attention was
deserving because this case was "among the most dramatic of inequities."
This coming from a man who specializes
in business litigation involving catastrophic injury cases.
"It's a terrible tragedy," Graham
said. "In this case, a big part of the damages were for her future care.
Wal-Mart has not and will not pay any part of that, so they shouldn't be
able to recover out of that.
"We're not saying Wal-Mart is not
entitled to recovery -- they are entitled to a portion of expenses, but
it has to be on a pro rata and equitable basis, not that they get it
all."
National exposure of the case has in
recent days caught the attention of health care and legal associations,
incited venomous commentary in the blogging world, and played out on TV.
Wal-Mart Watch took action,
establishing on Tuesday a donation fund for the family through its Web
site, amid ongoing debates of legal and moral questions raised by the
case.
At the heart of the issue is an
increasingly common subrogation clause in employee health care
contracts, including the one Shank signed with Wal-Mart. The clause says
that if the injured party receives damages from an accident on which the
company has paid medical expenses, the company has first dibs on it.
"This is a very sad case and we
understand that people will naturally have an emotional and sympathetic
reaction," Wal-Mart said in a statement. "When our associates, or their
family members, suffer injuries or medical conditions which are the
responsibility of others, our plan steps in to pay covered medical
expenses so the associate and their families don't have to worry about
their bills or have large out-of-pocket expenses. It is only after the
associate or their family member receives a monetary payment from the
responsible party that our health plan becomes entitled to
reimbursement."
Wal-Mart added in its statement that
money recovered is returned to the health plan, not the company, and it
is done out of "fairness to everyone who contributes and benefits from
the plan."
"While the Shank care involves a
tragic situation, the reality is that we are required to protect the
assets of our health plan so that it can pay the future claims of other
associates and their family members," Wal-Mart said.
Jon Coppelman, senior vice president
of Wellesley, Mass.-based Lynch, Ryan & Associates, a
management-consulting firm specializing in workers' compensation, said
the clause is unfortunate, but legal.
"The courts may feel some sympathy for
Deborah Shank and her long-suffering husband, but the language of the
policy is clear and unambiguous. The settlement dollars -- and then some
-- belong to Wal-Mart," Coppelman said. "There is, of course, nothing
wrong with this story. The language of an insurance policy has been
enforced. The fiduciary obligation of Wal-Mart's health plan
administrator has been fulfilled."
The tragedy for the Shank family
continued well beyond the loss of their case. A week after losing their
appeal, the Shanks also lost a son. Their 18-year-old son, Jeremy, was
killed in Iraq while serving in the U.S. Army's 25th Infantry Division.
The Shank's attorney said Debbie is
"totally and permanently disabled," only minimally aware of her
surroundings in an assisted-care facility and having "only the shortest
of memory."
Donations may be made to the family at
http://action.walmartwatch.com/deborahshank.
[back to top]
Asda store
opposed by officials
BBC NEWS
[back to top]
Asda's plans to open its first
supermarket in Inverness have been recommended for refusal. Highland
Council planners said the proposal for a 45,000 sq ft (4,180 sq m) store
at Slackbuie Farm went against planning policies.
A petrol station and five small retail
units are also proposed for the site on the Southern Distributor Road.
The planning application will go
before next Tuesday's Inverness, Nairn, Badenoch and Strathspey
committee.
Asda, which does not have a store in
the Highlands, said it was committed to the Inverness project.
A spokesman said government agency
Transport Scotland had dropped its initial objection after the
supermarket giant provided more details on potential traffic impacts.
He said the plans also had the backing
of local business.
© BBC MMVII
[back to top]
HELP
DEBORAH SHANK
Dear
johnny, [back to top]
Seven years ago, a semi-trailer plowed
into the driver's side of Deborah Shank's minivan. The 52-year-old
Missouri Wal-Mart employee and devoted mother of three suffered
permanent brain damage. Today she lives in a nursing home for round-the
clock care, unable to walk, feed or dress herself. As the Wall Street
Journal reported on November 20, it's a tragic story - but it gets
worse: "Wal-Mart started out as one of the good guys in this story,
paying almost $470,000 of Shank's initial medical bills. But three years
after Shank's husband sued and settled with the semi driver's employer,
the retail giant changed hats. It demanded every penny back, plus
interest and legal fees -- more, in fact, than the $417,477 the
settlement had placed in a special trust fund specifically for Shank's
future health care expenses." Wal-Mart sued a permanently brain-damaged
woman out of her medical care funds. Thanks to her former employer - the
world's largest retailer - Deborah's family is sinking deeper into debt
and Deborah will be completely dependent on Medicaid and Social Security
for a lifetime of medical care. Wal-Mart Watch is collecting funds to
help Deborah Shank's family with her medical bills. Will you make a
donation? http://action.walmartwatch.com/deborahshank Wal-Mart's actions
are horribly unethical and morally bankrupt, but the company says it's
legal - and it's right about that. As the Wall Street Journal explains:
The reason is a clause in Wal-Mart's health plan that Mrs. Shank didn't
notice when she started stocking shelves at a nearby store eight years
ago. Like most company health plans, Wal-Mart's reserves the right to
recoup the medical expenses it paid for someone's treatment if the
person also collects damages in an injury suit. In cases like the
Shanks', where injuries and medical costs are catastrophic, accident
victims sometimes can be left with little or none of the money they
fight for in court. Company health plans are increasingly adopting
language such as Wal-Mart's, which dictates that it is to be paid first
out of any settlement, regardless of what remains for the injured
person. Moreover, the victim is responsible for all legal costs in
pursuing the suit. Last year the U.S. District Court sided with Wal-Mart
over the Shank family - making its ruling just six days before Deborah
Shank's 18-year-old son, Jeremy, was killed while serving in Iraq. The
decision has forced Deborah's family to take drastic measures. Earlier
this year, her husband divorced her because of advice from a health care
administrator, who said that she would qualify for more public
assistance as a single woman. The Shanks aren't gold-diggers. They are
an honest, hard-working American family trying to deal with a
catastrophic event, and now they're doing it with an empty wallet -
thanks to Wal-Mart. Please do your part to help the Shank family by
making a donation now: http://action.walmartwatch.com/deborahshank This
holiday season, Wal-Mart rolled out a new slogan: "Save money. Live
better." But who lives better with Wal-Mart's low prices? Clearly, it
isn't Wal-Mart employees like Deborah Shank.
Sincerely, David Nassar
Wal-Mart Watch Paid for
by WalmartWatch.com,
a campaign of Five Stones
and The Center for Community
and Corporate Ethics
[back to top]
Governor
opposes Wal-Mart deal for O’Keeffe art
By Erik Schelzig,
Arkansas Democrat Gazette
November 27th, 2007
[back to top]
NASHVILLE, Tenn. — Tennessee Gov. Phil
Bredesen thinks Fisk University has entered into a bad deal by agreeing
to sell half its ownership of an art collection donated by Georgia
O’Keeffe for $ 30 million.
The cash-strapped, historically black
university has asked a Nashville judge to approve the arrangement to
sell a 50 percent stake in the 101-piece collection to an Arkansas
museum founded by Wal-Mart heiress Alice Walton. The collection would be
shared on an equal-time basis.
“As a businessperson, I would be very
concerned at the deal Fisk has cut with the museum in Arkansas,” said
Bredesen, who founded a publicly traded healthcare company before
entering politics.
A trial is scheduled for February to
decide whether Fisk’s agreement to share the collection with the Crystal
Bridges Museum in Bentonville is close enough to O’Keeffe’s wishes to be
approved. O’Keeffe died in 1986.
Bredesen, a Democrat, said estimates
from art experts and insurers indicate the collection “could easily be
worth $ 150 million.” “And $ 30 million for half of it is not a very
good deal,” he said.
A spokesman for the Crystal Bridges
Museum didn’t immediately have a comment on Bredesen’s remarks, and a
Fisk spokesman didn’t return a phone message.
As a former Nashville mayor, Bredesen
also said he would like to see the collection stay in the city and
state.
The artworks given to Fisk in 1949
include O’Keeffe’s own 1927 oil painting, Radiator Building — Night, New
York, and works by Pablo Picasso, Pierre-Auguste Renoir, Marsden
Hartley, Charles Demuth and Alfred Maurer.
|