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Wal-Mart of the Gods
By Seth Jayson (TMFBent)
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September 30, 2004
For the past month or so, the news
headlines have been decrying what my waggish friend Ian might call
"El Wal-Mart del Sol." Been asleep? Here's the quick version.
Wal-Mart's (NYSE: WMT) Mexican subsidiary, Bodega Aurrera is
building a big-box store near the famous archeological site
containing the Temple of the Sun.
How near, how big, and what
exactly the impact will be is the subject of some furious
controversy, including protests, a big P.R. campaign, and even
machete-wielding mobs. Opponents (and The New York Times reporters)
call the store ugly, claim it harms important archeological remains,
and contend that it will put a local market out of business. Company
officials say the facility is being made smaller to fit into the
environment, and that archeologists have given the project the all
clear.
There appears to be only one point
of agreement: that a majority of locals want to see the store
because they are convinced it will get them lower prices.
I've questioned Wal-Mart's bogus
lip service in the past. The typical line is something like, "We
only want to save money for the masses." Please spare me, Comrade
Walton. You want to make money. Too often, you've done it at the
expense of small-town businesses and local wishes. That's not good.
Issues like local control and fair
labor practices are the reason that sometimes I'm down with the PC
thing. Heck, I haven't eaten at Yum! Brand's (NYSE: YUM) Taco Bell
since I learned what goes on with the folks who pick their tomatoes.
At the same time, I'm a capitalist
at heart, and I think it's awfully easy to take swings at the big
kid, even when he's not bullying. Do Target (NYSE: TGT), Costco (Nasdaq:
COST), or Dollar General (NYSE: DG) get the same kind of flack?
Well, OK, Costco did get into a fight in the same Mexican turf, but
the point remains, it's easy to be angry at Wal-Mart without looking
at all the facts. If everyone wants it and the local market trades
in cheap plastic goods -- according to a chief opponent of the
project -- what's the harm? Who's protecting whom, and from what?
Unfortunately, the
point-counterpoint habits of media reporting tend to emphasize the
expanse of the ideological gulf at the expense of true objectivity
or truth, if there is such a thing. The middle ground is lost
completely.
Whatever the circumstances of this
particular dustup, Wal-Mart investors need to keep an eye on public
perceptions as the chain becomes ever more prominent around the
globe. The example of world whipping boy Microsoft (Nasdaq: MSFT) is
enough to show that playing the heavy can be unexpectedly expensive.
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Lawsuit alleges Wal-Mart biased against black truckers
by Associated Press
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Wednesday, September 29, 2004
LITTLE ROCK, Ark. (AP) _ Wal-Mart
has been sued in federal court by a man who claims the world's
largest retailer discriminates against blacks in 12 Southern states
from seeking truck-driving jobs.
The plaintiff, Daryal T. Nelson,
of Coldwater, Miss., alleges that Wal-Mart rejects and discourages
black applicants for truck-driving jobs at the chain's distribution
centers in Arkansas, Alabama, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee, Texas, and
Virginia.
An Equal Employment Opportunity
Commission document attached to the complaint found ``reasonable
cause'' to believe Nelson, a 22-year veteran of driving trucks, was
discriminated against. The EEOC said Wal-Mart hired some white
drivers with more serious driving violations and less experience
than black applicants.
Gus Whitcomb, a spokesman for
Wal-Mart, said Wednesday that he couldn't comment on the lawsuit
because he hadn't seen it. However, he said, ``We do not
discriminate in our hiring practices.''
The suit, filed Wednesday, seeks
class-action status.
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Developers
of Chatham mall rule out Wal-Mart
September 28, 2004
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BY FRAN SPIELMAN City Hall Reporter
From Chicago Sun-Times
Developers of a proposed, 500,000-square-foot shopping mall in the
South Side's Chatham neighborhood have sent a letter to
Chicago aldermen assuring them that Wal-Mart "is not now and will
not be" part of the development.
Developer Tom Brashler sent copies
of the letter to all 50 aldermen in an effort to secure their
support at Wednesday's City Council meeting for a zoning
change needed to get the project moving on the site of the old
Ryerson Steel plant at 83rd and Stewart.
"We are writing to confirm that
our contract with Wal-Mart terminated in mid-August. Wal-Mart is not
now and will not be a part of our development of the Ryerson
site," Brashler wrote.
"Based on this commitment, we are
hopeful that you and your colleagues will be able to support the
requested retail zoning of the property . . . and allow the
project to go forward. We believe that Chatham Market is a wonderful
project that will provide vitally needed economic development to
the community and to the city."
The Chicago Sun-Times reported
earlier this month that Wal-Mart's contract to build a second
Chicago store on the South Side had expired and was not
renewed amid concern about minimum wage and benefit standards that
may be imposed on "big-box" stores. A West Side Wal-Mart that
aldermen have already approved is also in jeopardy, the company
said.
Planning and Development
Commissioner Denise Casalino responded by saying that the zoning
change could go ahead. But the $33 million subsidy for environmental
clean-up and infrastructure costs would have to wait.
"The project isn't a go if the
developer can't make it a go. We're not committing to nothing.
. . . He doesn't have a project unless he has two anchor
tenants," Casalino said.
Wal-Mart's entry into the Chicago
market has been mired in controversy in a battle royal with
organized labor.
Earlier this year, a bitterly
divided City Council handed Wal-Mart a split decision: zoning
approval to build its first Chicago store in the West Side's
Austin community and a one-vote defeat in Chatham.
The vote followed an acrimonious
debate that saw organized labor's City Council allies throw
the kitchen sink at Wal-Mart. They talked about a "predatory
pricing" scheme that drives smaller competitors out of business
and about a retailing behemoth that provides low-paying jobs with
meager benefits and faces lawsuits in 30 different states for
allegedly forcing hourly workers to work overtime without pay.
Since then, a pair of ordinances
have been introduced aimed at establishing a minimum wage and
benefit standard for Wal-Mart and other "big box" retailers.
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Bias Suit Delayed
Against Wal-Mart
Bloomberg News
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September 28, 2004
A federal district judge in San
Francisco halted a discrimination lawsuit yesterday against Wal-Mart
Stores until an appeals court reviews a ruling that allows 1.6
million female workers to sue as a group.
Wal-Mart had asked Judge Martin
Jenkins to temporarily halt the suit, which contends that women who
worked for Wal-Mart were paid less than men and offered fewer
promotions.
The company is appealing a ruling
by Judge Jenkins that allows the suit to be declared a class action,
which is more efficient for the plaintiffs and provides leverage for
a settlement.
Wal-Mart denies that it
discriminated against female employees and has argued in court
papers that the class size is "unprecedented, unmanageable and
unconstitutional."
The ruling will delay the case for
six to nine months, lawyers for the workers said.
"The judge felt that having the
case going on in two different forums wasn't appropriate," said Brad
Seligman, the plaintiffs' lead lawyer. "There will be a delay, but
in the end Wal-Mart will have to face the music."
Mona Williams, a spokeswoman for
Wal-Mart of Bentonville, Ark., said Judge Jenkins's ruling "stands
on its own," and she declined further comment.
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Wal-Mart
appeals to Californians in open letter
2004-09-25 / Reuters
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Wal-Mart Stores Inc. sent an open
letter to California residents on Thursday as part of a new campaign
by the world's biggest retailer to overcome resistance to its plans
for expansion in that state.
Wal-Mart published the letter in
15 newspapers two weeks after Chief Executive Lee Scott told Wall
Street analysts the company had failed to repair its reputation and
had begun a "culture change."
The retailer has been hit by
dozens of discrimination cases, organized labor has charged it with
anti-union practices, and opponents in California have complained
that the Bentonville, Arkansas-based chain unfairly squeezes out
smaller, locally owned businesses.
The letter begins a statewide
effort to "set the record straight," said a spokeswoman for
Wal-Mart, which plans to open up to 40 supercenters in California in
the next few years.
"While we are always willing to
consider constructive criticism, much of what has been said publicly
about Wal-Mart is simply not true," the letter said.
The retailer, whose workers are
not represented by a union, said it pays competitive wages and
provides employee health benefits, contributes to the California
economy by buying the state's goods and services, and supports local
organizations.
It said Southern California
households can save at least US$589 per year by shopping at the
chain once Wal-Mart reaches 20 percent market share. The company did
not give its current market share.
Experts said the direct appeal to
consumers should help Wal-Mart improve its image.
"The directness of the approach is
a good thing," said Wendy Liebmann, president of New York-based
retail marketing and consulting firm WSL Strategic Retail.
"They recognize they have to be
more proactive in building some kind of consensus in the places
where they want to do business."
Tough opposition
But one opponent said she won't be
swayed by Wal-Mart's campaign.
Oakland City Councilwoman Jane
Brunner, who dismissed the letter as "propaganda," said a Wal-Mart
supercenter would force rival grocery stores to close and limit the
number of places poor consumers can walk to to buy food and other
staples.
The Northern California city
recently passed an ordinance that would restrict Wal-Mart from
opening a supercenter, though the company is already in the process
of building one of its traditional stores in Oakland, Brunner said.
In Southern California, voters in
the Los Angeles suburb of Inglewood attracted national attention in
March when they rejected a proposed supercenter, which unlike
traditional Wal-Mart stores, include full-line grocery departments.
This month, opponents of a plan to
build a Wal-Mart in Rosemead, another Los Angeles suburb, said they
would lead a campaign to recall the entire city council because it
had approved construction of the store. A spokeswoman said Wal-Mart
plans to build a traditional store in Rosemead, though the store
could be converted to a supercenter down the road.
The Los Angeles City Council last
month approved a measure requiring Wal-Mart to pay for an economic
impact study to show whether the huge stores would hurt existing
businesses.
In last year's 20-week Southern
California grocery strike, chains like Albertsons Inc. and Kroger
Co. said they needed to cut health benefits to compete with
Wal-Mart.
Wal-Mart's first California
supercenter opened this spring in the desert town of La Quinta, and
others are expected to open in Hemet and Stockton next month. The
number of traditional Wal-Mart stores in California has grown to 148
since the first one opened in 1990, a spokeswoman said.
Other so-called big box retailers
like Home Depot Inc. and Lowe's Cos Inc. have also faced opposition
in some California communities where residents feared the impact
such stores would have on local businesses.
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Residents fight to keep three Wal-Marts out of town
September 25, 2004, 3:45 PM EDT
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DEPTFORD, N.J.(AP) _ Residents
trying to keep three planned Wal-Marts out of their town have taken
the fight to court.
The Concerned Citizens of Deptford
has already mounted a protest outside the town hall and mailed
flyers to other residents. On Monday, the group filed a lawsuit in
state Superior Court hoping to keep the first store from being
built.
"We're not looking for anything
financial. We're looking to stop these Wal-Marts," Mike Campbell
told the Philadelphia Inquirer for its Saturday editions.
Campbell and his fellow protesters
contend that the three stores would increase traffic, lower property
values and hurt small businesses in the suburb, which is already
home to several large shopping centers.
In the lawsuit, the group alleges
that the township planning board improperly approved an application
for the Wal-Mart during a July vote. The complaint contends
officials violated the state Open Public Meetings Act.
Township Manager Joseph Picardi
denied the allegations and told the newspaper that the planning
board attorney "goes through hoops to make sure we follow the proper
procedures."
The store in question is planned
for Delsea Drive near Cooper Street. A spot near the Deptford Mall
on Clements Bridge Road is under consideration for the second store,
while the third location has not been identified.
"We think the market will bear
three stores in Deptford," Wal-Mart senior manager Mia Masten told
the newspaper. The stores will eventually generate about $1 million
in tax revenues for the town as well as 600 new jobs, Masten said.
Copyright © 2004, The Associated
Press
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Wal-Mart fires back
Store rebuts critics who say it
drives rivals out, drives pay down
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Jenny Strasburg, Chronicle Staff Writer
Friday, September 24, 2004
Wal-Mart Stores Inc. began a
statewide offensive Thursday to counter widespread criticism of the
company's wages and benefits, expansion plans and effects on
communities.
The world's largest company ran
advertisements in 15 California newspapers, including The Chronicle,
in the form of an open letter to the state's residents, referring to
criticism as "half-truths and misinformation" from "certain elected
officials, competitors and powerful special interest groups."
The letter describes Wal-Mart as a
dynamic force that generates $650 million in sales tax in California
and supports 4,600 suppliers in the state, such as farmers and
technology companies. The ads portray Wal-Mart as a company whose
size has made it the victim of unfair attacks.
The dramatic public relations push
came two weeks after Wal-Mart Chief Executive Officer Lee Scott told
Wall Street analysts in New York that the company had failed to
polish its reputation amid a barrage of high-profile lawsuits
alleging discrimination against women and minorities and abusive
wage- and-hour policies. The company denies any wrongdoing.
In California, Wal-Mart has faced
intense opposition in communities where it has sought to build
Supercenters -- a format that combines a discount store and
supermarket. The most vocal detractors have included unionized
grocery giant Safeway Inc. of Pleasanton and United Food and
Commercial Workers leaders who represent tens of thousands of the
state's supermarket workers.
During the bitter
four-and-a-half-month Southern California grocery strike and lockout
that ended in February, Safeway and its rivals Kroger Co. and
Albertson's Inc. said that increasing competition from Wal-Mart had
left them no choice but to slice wages and benefits. The union and
supermarkets are negotiating contracts in Northern California
affecting 30,000 workers, and competition from Wal-Mart remains a
focus.
"While we are always willing to
consider constructive criticism, much of what has been said publicly
about Wal-Mart in California is simply not true," Wal-Mart said in
Thursday's open letter.
Wal-Mart said it offers health
care benefits to both full- and part-time workers. More than 40
percent of Wal-Mart workers didn't have medical insurance before
joining the company, the ad says.
It also says that Wal-Mart wages,
which average $10.37 an hour in California, are competitive with
wages paid by comparable retailers. More than 80 percent of workers
are full time, the letter added in response to allegations that the
discounter purposely maintains a large part-time workforce to keep
benefit costs low.
"Wal-Mart as a company has been
relatively quiet in how it has responded to some of the criticism
out there," Bob McAdam, vice president of corporate communications,
said in an interview. "We've certainly responded to news media
inquiries, but we haven't been out there telling our story very
well."
It's unclear how the message will
come across in a diverse state that offers both huge business
opportunities as well as challenges to the Bentonville, Ark.,
discount giant.
"They're putting themselves on the
defensive (and) giving fodder to their opponents," said brand-image
expert Steven Addis, chief executive of the Addis Group in Berkeley.
Critics said they are not
impressed with Wal-Mart's arguments.
"The problem with Wal-Mart is its
business practices, not its image," said Rep. George Miller,
D-Martinez, a frequent critic of the retailer, through a spokesman.
"Wal-Mart is putting on a full-court public relations campaign with
the hope that the public will ignore its objectionable low-wage and
benefit policies."
Ron Lind, a spokesman for eight
Northern California grocery workers union locals, strongly disputed
Wal-Mart's description of the average $11.08 hourly wage it says it
pays Bay Area employees as "very close" to wages earned by unionized
grocery workers. Unionized grocery-store cashiers make about $19 an
hour, he said.
Safeway spokesman Brian Dowling
separately provided the same figure for its Northern California
cashiers. Entry-level Safeway workers in the lowest- paid position,
grocery baggers, make $8.40 an hour in Northern California, Dowling
said. Meat-department employees make an average of $21.95 an hour,
he said.
McAdam said that because Wal-Mart
doesn't have Supercenters in Northern California, supermarket wages
aren't directly comparable. "We believe we're competitive with the
marketplace," he said.
The company's ad also notes that
California Wal-Mart and Sam's Club stores, its membership
warehouses, gave more than $11 million to local causes last year. It
also repeated that it plans to build 40 Supercenters over the next
few years.
Safeway CEO Steve Burd, in a
recent interview with The Chronicle, said Wal-Mart is playing down
its plans. He said a new, 1.3-million-square-foot distribution
center in Southern California is big enough to serve more than 100
Supercenters, and Wal-Mart wouldn't have built such a large facility
for only 40 Supercenters.
"I get a little concerned when our
competitors are trying to describe our business, and they don't know
what they're talking about," McAdam said. "We are not planning to
open any more than 40 (Supercenters) at this point in time" in
California.
In California, the company has 148
Wal-Mart discount stores, one Supercenter in Southern California and
32 Sam's Clubs. Two Supercenters are scheduled to open next month,
in Stockton and Hemet (Riverside County).
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Wal-Mart goes on the offensive
By James Temple
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CONTRA COSTA TIMES
Friday, 9/24/04
Wal-Mart went on the public relations
offensive Thursday, placing full-page
advertisements in major newspapers
throughout the state to counter the
mounting criticism bogging down its
projects and bruising its image.
"There's a lot of misinformation and
half-truths about our effects on
California, and we thought our
associates, customers and suppliers
deserve to know the truth about
Wal-Mart," regional spokesman Eric
Berger said of the ads.
Since
Bentonville, Ark.-based Wal-Mart Stores
Inc. announced plans in 2002 to open 40
grocery-serving Supercenters in the
state over the next few years, the
volume of criticism has steadily grown
louder.
Opponents say Wal-Mart's wages and
benefits are scarcely enough to live on,
and the low prices afforded by these pay
packages elbow out existing businesses
or force them to slice their own
employees' salaries.
Indeed, Wal-Mart is routinely cited by
unionized supermarkets as a driving
force behind their push to lower wages
and benefits, which occurred in the
negotiations that disintegrated into a
41/2-month strike in Southern California
and is a factor in the contract talks
under way in the Bay Area.
Separately, Wal-Mart's image has been
smacked by a slew of lawsuits, class
action and otherwise, over alleged
gender bias in promotion practices,
unpaid overtime hours and hiring of
illegal immigrants.
But in
the ad Thursday, Wal-Mart said its
average California wage is $10.37 per
hour, "a rate that is in line with
comparable retailers," that it offers
medical coverage to both full- and
part-time workers, and that two-thirds
of its store managers started as hourly
employees.
The ad
also said Wal-Mart generated more than
$650 million in California sales tax
revenue last year, and bought more than
$8 billion in goods and services from
4,600 state businesses.
Phil
Tucker, special project representative
for the United Food and Commercial
Workers Local 1179 in Martinez, said the
wage figures are inflated, citing a Bay
Area Economic Forum study in 2003 that
estimated Wal-Mart's nationwide average
pay is $9.60 per hour.
The
study did not provide Bay Area specific
hourly averages, but did estimate
Supercenters in the Bay Area would offer
$21,000 less in total annual
compensation than the wage and benefit
package provided by unionized
supermarkets here.
Tucker
said Wal-Mart is simply employing public
relations ploys to secure approval for
their new stores rather than making
substantive changes to their employee
practices.
"They've hired big PR firms, it's a
blitzkrieg, and they're going to pour a
ton of money in here," he said.
Thursday's newspaper ads are only the
most recent example of Wal-Mart, the
world's largest company by total
revenues, tapping its considerable
coffers to launch an offensive in this
fight. It plugged $1.7 million into its
campaign for Measure L, the ultimately
successful March ballot initiative that
overturned a Contra Costa County
ordinance limiting Supercenters.
Wal-Mart also reportedly spent more than
$1 million on an unsuccessful campaign
for an initiative that would have
allowed a Supercenter in Inglewood
without the standard environmental
analysis.
Several months ago, the company also
began running advertisements
highlighting its positive impacts on
communities and employees.
Berger
said Wal-Mart remains on schedule to
open its 40 Supercenters, but the
vitriol surrounding the more than
200,000 square-foot stores -- larger
than two standard Target outlets -- has
dragged out discussions throughout
California.
A
public outcry, UFCW-sponsored lawsuit
and ballot measure have slowed
Supercenter plans in, respectively,
American Canyon, Gilroy and Tracy.
Meanwhile, San Francisco, Oakland and
Martinez each passed measures that
effectively outlawed the massive stores,
while Los Angeles passed an ordinance
last month requiring such stores to pay
for an analysis of their economic impact
on the community.
Still,
Wal-Mart has enjoyed some California
success: It's already opened a
Supercenter in La Quinta, will open
another in Stockton at the end of the
month and is under construction in
Hemet. It also has secured city approval
for grocery-serving discount stores in
Palm Springs, Palm Desert and Rosemead.
Wal-Mart has repeatedly said that most
citizens appreciate the bargain prices
offered by Wal-Mart Supercenters and
pointed to the stores' phenomenal sales
as proof: Supercenters averaged $25.6
million per store just in grocery sales
in 2003, according to the Bay Area
Economic Forum study.
Berger
said most of the criticism flows from
organized labor, which has struggled
unsuccessfully for years to unionize
Wal-Mart stores in the United States,
rather than average Californians.
"They
have their own agenda, and that is to
increase their membership," he said.
"Our agenda is to serve our customers,
treat our associates fairly and make a
positive impact on communities in
California."
James
Temple covers consumer issues and the
retail industry. Reach him at
925-977-8534 or
jtemple@cctimes.com.
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Wal-Mart Sued for Racial Discrimination
Reuters
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Thursday, September 23, 2004
NEW
YORK (Reuters) - Wal-Mart Stores Inc. is
being sued in a federal court by a job
applicant who says it discriminates
against black employees seeking work as
truck drivers, according to court
documents filed on Wednesday.
The
lawsuit, brought by Daryal T. Nelson of
Coldwater, Mississippi, alleges that
Wal-Mart, the world's largest retailer,
deters and rejects African-American
applicants for truck driving jobs,
limiting their employment opportunities.
A
Wal-Mart spokesperson was not
immediately available for comment.
The
suit is aimed at Wal-Mart distribution
centers in the states of Mississippi,
Tennessee, Arkansas, Louisiana, Texas,
Alabama, Georgia, Florida, North
Carolina, South Carolina, Kentucky, and
Virginia.
Nelson, who is seeking class-action
status for his lawsuit, said in the
documents that, in addition to truck
driving experience, a commercial
drivers' license, a good driving record,
and a good prior work history, he was
told by Wal-Mart that he was required to
have a good credit rating to qualify for
a position as a truck driver. The suit
states that this unwritten work
requirement is selectively applied to
favor white applicants.
Nelson
contends that, after repeatedly applying
for a truck driver position in 2002, he
was finally granted an interview and a
road test and was told that he would be
hired as a driver in Searcy, Arkansas.
When
he met with a human resources director,
however, the director told him that he
would have to accept a job as a laborer.
The suit alleges that the director used
"racial stereotyping" to deny Nelson the
truck driving position because of his
"gut feeling" that Nelson had falsified
his credit and driving records.
The
plaintiff filed a complaint with the
Equal Employment Opportunity Commission,
which said in an attached document that
"there is reasonable cause to believe
that a violation has occurred." The EEOC
also said Nelson has more than 22 years
of driving experience and a good record,
and that Wal-Mart in 2002 hired white
drivers with far less experience and
worse driving records.
The
lawsuit seeks to prevent Wal-Mart from
continuing to discriminate against black
job applicants, as well as compensation
for African Americans who were rejected
or discouraged from applying because of
the company's practices.
The
suit was filed a day before Wal-Mart
sent an open letter to California
residents in an effort to overcome
resistance to its plans for expansion in
the state.
Wal-Mart, whose reputation has been
tarnished by dozens of discrimination
cases and charges from organized labor
of anti-union practices, published the
letter in 15 newspapers and said it
still plans to open up to 40 of its
supercenters in California in the next
few years.
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Wal-Mart Denied Location
By
First Coast News Staff
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Created: 9/21/2004
6:54:38 PM
Updated: 9/21/2004 6:56:45 PM
JACKSONVILLE, FL -- Governor Jeb Bush
makes the final call, saying no to plans
for a new Wal-Mart in Jacksonville.
The retail giant was denied permission
to build a new store at Atlantic
Boulevard and Bartram Road.
The governor agreed with a Florida judge
that the planned store does not meet
city planning requirements.
Wal-Mart officials want to put a
40,000-square-foot Neighborhood Market
at the intersection.
Despite protests from nearby residents,
Jacksonville's City Council approved the
plans in October. Neighbors then
appealed to the state.
Wal-Mart and the city can still appeal
the decision.
Edited by Kevin
Ronningen, Producer
© 2004
First Coast News Staff.
All rights
reserved.
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Wal-Mart's Market Share Approaches 30% in All Categories
Elliot
Zwiebach
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September 21, 2004
COLUMBUS, Ohio
(September 21, 2004) - Wal-Mart Stores, Bentonville, Ark., is "well
on its way" to achieving its goal of controlling a 30% market share
in every category in which it competes, according to a newly
released study by Retail Forward, a management consulting and market
research firm based here. A survey of Wal-Mart shoppers indicated
Wal-Mart is attracting 30% or more of consumer dollars in several
core categories, Retail Forward said, including small personal
appliances, skin and hair care products, housewares, small kitchen
appliances and toys. Several other categories are "inching their way
toward the 30% mark." The study also said 50% of all U.S. primary
household shoppers visit a Wal-Mart store monthly and 25% shop at a
Wal-Mart supercenter weekly, compared with only 20% of shoppers who
visited a SuperTarget store in the past six months who indicated
they are weekly SuperTarget shoppers. The study also said two-thirds
of Wal-Mart supercenter shoppers shop both sides of the store.
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Waging War on Wal-Mart/Berkeley lawyer fights for the Betty Dukeses
of retail workers
Sam Whiting (SF
Chronicle)
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Sunday, September 19, 2004
Litigator Jocelyn Larkin has one advantage in taking on the
army of men who serve as Wal-Mart lawyers in Bentonville, Ark. She's
taller than they are. At 5 feet, 10 inches, Larkin, 45, is nearly as
tall as the stack of
binders marked "Wal-Mart" in her office at the Impact Fund in the
Berkeley\Marina.
What is the nut of the Wal-Mart case?
In every store in every job in the country, women are being paid
less than men for doing the same exact job.
How much less?
On average, the disparity in pay between men and women doing the
same work is 5 [to] 15 percent.
How did the case walk through the door?
Everyone wants an Erin Brockovich story. The true story is that
there were two lawyers in New Mexico who had been doing sexual
harassment cases against Wal-Mart. They called us, and we spent a
year and a half
investigating.
What did you find out?
What we saw was that two-thirds of the hourly workers were female,
and by the time you got to store manager, it was fewer than 10
percent. They promoted the men.
How big is the suit?
We estimate it [the class] is 1.6 million women. It will be the
largest civil rights case ever.
What is the name attached to the suit?
Betty Dukes is from the Pittsburg store. She's the lead plaintiff in
Dukes vs. Wal-Mart stores.
Does Betty Dukes still work at Wal-Mart?
She's a greeter, the person at the door. She's been there 10 years,
and until we filed the case, she was making $8.30 an hour. Since we
filed the case, they have raised her to about $12 an hour.
What should she be making?
She should be in management making between $40,000 and $60,000 a
year.
If you win, what will Betty Dukes be entitled to?
She will be made whole, meaning she will get the pay she should have
had, had she not been the victim of discrimination.
What do the Wal-Mart lawyers make of you?
Their entire existence is focused on making money. The fact that the
Impact Fund is a nonprofit with nothing monetary to gain is baffling
to them.
Have you shopped at Wal-Mart?
Yes. I've had to spend an enormous amount of time in Bentonville,
Ark., where Wal-Mart is headquartered.
Do they know you in Bentonville?
I do sort of stand out. I get to the hotel, and the front-desk
clerks know me as the woman who brings her own coffee. I pack Peet's.
It's a very small town.
A one-hotel town?
Even "hotel" is very generous. Parked right outside my window will
be rows of 18-wheelers. You ask people for a good place to eat, and
they always say Applebee's.
How long will it take?
My guess is three to five more years. It's like a really long book
that doesn't end.
Where do you live?
North Berkeley, about six blocks from where I grew up.
Did that give you a feminist bent?
I'm one of four girls raised by a divorced mother. There was a lot
of girl power in the house.
What does your husband do?
He's a lawyer for the University of California. His name is
Christopher Patti. His main case is fighting Enron. Neither of us
will get any money if we win.
How about your two boys?
They are 10 and 11. Apart from their passion for cars, video games
and anything that will explode, they're budding feminists.
How do you know that?
One of them brought an assignment home that said, "Write a sentence
about a promotion at Wal-Mart or Kmart." Something like, "Lettuce is
25 cents off." He wrote "Women get fewer promotions at Wal-Mart than
do men."
E-mail Sam Whiting at swhiting@sfchronicle.com.
Copyright 2004 SF Chronicle
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Wal-Mart out to change image - Retailer turns to supporting public
broadcasting
By Constance L. Hays, New York Times
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Sunday, September 12, 2004
Wal-Mart, stung by criticism of its labor practices, expansion
plans and other business tactics, is turning to public radio, public
television and even journalists in training to try to improve its
image.
So far this year, the company has become a sponsor on National
Public Radio, where recorded messages promote its stores. It has
underwritten a popular talk show, "Tavis Smiley," accompanied by
similar promotional messages, on a public television station in
California.
Wal-Mart announced plans to award $500,000 in scholarships to
minority students at journalism programs around the country,
including Howard University, University of Southern California and
Columbia University.
Wal-Mart has not supported any of those organizations in the
past. But as the company outgrows its rural roots and moves into
suburbs and cities, it is encountering more resistance from people
whose traditions and values may be different from those of
Wal-Mart's historic customers.
The company has been faulted for its selective approach toward
the publications that it sells, which has included banning three
men's magazines and ordering plastic covers to conceal what it
considered "uncomfortable" headlines on several women's titles,
including Glamour and Redbook.
It has refused to sell music albums with what it deems offensive
lyrics, and manufacturers acknowledge producing sanitized versions
of popular CDs to maintain a presence in the giant retailer's
stores.
Mona Williams, a spokeswoman for Wal-Mart, said the journalism
scholarships were "a first of their kind" for the retailer, and came
about because of the recent publicity around its business practices.
"We've really been in the spotlight and I think that's made us
especially sensitive to the need for balanced coverage," Williams
said. "It doesn't matter if the subject is Wal-Mart or something
else. You just aren't going to have that unless different
perspectives are represented." Without diversity, she added, "the
result can be narrower thinking as news events are presented to the
public."
Influencing that presentation may be at the heart of the effort,
although Williams said there was "no hidden agenda here" and added
that it probably would have been done even if Wal-Mart had not come
under scrutiny.
John Siegenthaler, founder of the First Amendment Center at
Vanderbilt University, said, "Wal-Mart is doing what most
corporations do: when they feel pain, they try to salve the wound."
He predicted that "they may get less out of it than they expect to,"
but he added that "if it helps minority journalism, I hope they
salve it with more than half a million dollars."
As for public radio, Williams said the company sought the
demographic that National Public Radio listeners represent. The goal
is to "reach community leaders and help them understand the value
that we bring to their areas."
A spokeswoman for NPR, Jenny Lawhorn, said its audience consisted
of "intelligent and well-educated people" who "tend to be business
leaders and tend to be engaged in the civic process." According to a
recent survey, about 56 percent of them are Wal-Mart shoppers, she
said, compared with 66 percent of the general population.
Wooing community leaders fits well into Wal-Mart's plans. The
company has stumbled in recent months against opposition to its
stores. In April, its effort to win voter support for a store in the
Inglewood was defeated after the company took the unusual step of
putting the issue on the ballot. An attempt to build a store in
Chicago was rejected, although a second store was approved, while
plans to open a store in downtown New Orleans have been slowed by
opposition as well.
The company has also been criticized by labor unions, which say
Wal-Mart fights their organizing efforts. In California, unionized
supermarket workers staged a lengthy strike earlier this year
seeking benefits that stores said they could not afford because they
needed to compete with Wal-Mart.
Neither Wal-Mart nor NPR would reveal what it pays as an NPR
sponsor. The contract began Feb. 16 and extends until January. Total
corporate financing is expected to reach $30 million this year,
Lawhorn said. As part of its NPR arrangement, Wal-Mart is described
several ways when it is mentioned as an underwriter on the air.
The descriptions include the following: "Wal-Mart. Providing jobs
and opportunities for millions of Americans of all ages and all
walks of life." Another says the company is "bringing communities
job opportunities, goods and services and support for neighborhood
programs."
NPR has received letters and e-mail messages from listeners since
the Wal-Mart underwriting information began to be broadcast. One
listener wrote: "What a disappointment! Maybe next it will be
Halliburton." The role of Wal-Mart was taken up by NPR's ombudsman,
Jeffrey Dvorkin, who wrote in his NPR.org online column, "Wal-Mart
symbolizes values that some listeners believe to be antithetical to
the values of public radio" and suggested that "one way that NPR
could prove that underwriting has no effect on its integrity is for
NPR to produce more hard-hitting interviews, more investigative
reporting and yes, even more scandalizing satires."
Wal-Mart also underwrites "Tavis Smiley," a talk show on KCET,
the public television station in Los Angeles.
The program began in January and Wal-Mart was on board
immediately, a spokesman for the show, Joel Brokaw, said.
In late March, Smiley interviewed Wal-Mart's chief executive, H.
Lee Scott Jr., who is seldom made available to reporters. After
disclosing twice that Wal-Mart sponsored the show, Smiley went on to
ask his guest about Wal-Mart's image problems. Brokaw said he did
not know how much Wal-Mart paid to be a sponsor.
The journalism plan evolved separately, Williams said. Ten
journalism schools will receive $50,000 each, which will be
distributed as $2,500 scholarships to four students at each school.
The scholarships will be awarded in each student's junior year and
can be renewed for the senior year as well.
The recipients chosen include Arizona State University and
Syracuse University. Administrators at the universities said the
selections came as a complete surprise. In most cases, corporate
donations for scholarships are unheard of, the administrators said,
unless the corporation is involved in the news business or another
communications medium like advertising.
"It's kind of a reach to expect companies that don't see
themselves as part of the media world to support journalism
education," said Steve Doig, the interim director of the Cronkite
School of Journalism and Mass Communication at Arizona State, where
some scholarships have been provided by newspaper companies like
Gannett.
Doig, a former reporter for the Miami Herald, said that he was
aware of Wal-Mart's practices with magazines but that did not
prevent him from accepting the scholarship money.
"It's not the American Nazi Party," he said. "I don't see
Wal-Mart as problematic enough to miss the opportunity they are
offering to several of our students."
He added: "Both the banning of certain magazines and the decision
to give money to journalism schools are calculated behaviors and not
necessarily contrary. I don't support banning newspapers or any
particular publication, but a company has the right to decide what
it wants to sell."
Wal-Mart also plans to include the scholarship students at next
year's annual shareholder meeting, Williams said.
"They will be guests in the audience, and we think that would be
a great educational experience for them," she said. They may also
have tours of the company's offices in Bentonville, Ark., as well as
a warehouse nearby.
Tom Bowers, dean of the School of Journalism and Mass
Communication at the University of North Carolina in Chapel Hill,
said the move was "saying to the public, look at the good thing
we're doing." North Carolina was not one of the journalism schools
designated by Wal-Mart for scholarships, but the university awards
about $100,000, some from media companies, to students every year,
Bowers said.
"The people who win our scholarships typically don't go to any
national meetings and aren't put on display by these corporate
donors," he said. "We certainly make sure there is no quid pro quo
on these. The only obligation is to write them a letter and thank
them for the scholarship. The student isn't expected to do anything
for the company."
Of the programs chosen, only the University of Southern
California's Annenberg School has received corporate funding from
nonmedia companies in the past. A spokesman, Geoffrey Baum, said the
school had gotten money from Nissan and General Motors, as well as
from Raytheon and Home Depot for public-relations programs. Some
journalism programs are in states where Wal-Mart has opened a large
number of stores. The University of Florida and the University of
Texas made the list; those states have nearly 600 of Wal-Mart's
3,596 stores, according to Wal-Mart.
Jannette L. Dates, dean of Howard University's John H. Johnson
School of Communications, hopes that Wal-Mart's scholarship will
encourage other nonmedia companies to contribute.
"I'm going to go after some of those others and say 'See,
Wal-Mart did this, why don't you?'" she said.
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AMERICAN CANYON/Ruling favors Wal-Mart -- both sides to appeal
Demian Bulwa, SF Chronicle Staff Writer
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Saturday, September 11, 2004
Opponents of a proposed Wal-Mart
supercenter that has divided residents of the small Napa County city
of American Canyon said Friday they would appeal the city planning
commission's approval of the store's design after an emotional
six-hour hearing.
In a twist, Wal-Mart said it would
appeal the commission's 3-2 approval - - at 1 a.m. Friday -- because
it limited the store's hours to 6 a.m. to midnight. Wal-Mart
supercenters -- more than 1,600 in all -- are open 24 hours.
The appeals must be filed within
10 days, and the City Council could rule on them next month.
Wal-Mart could open the supercenter as soon as late next year.
More than 450 people packed a
school gymnasium Thursday for the first public meeting since
Wal-Mart signed on to build a 176,000-square-foot supercenter to
anchor the Napa Junction development on Highway 29, which will
include apartments, a park, a hotel and retail stores. The proposal
is the talk of a fast-growing city of about 14,000 people, at times
pitting longtime residents eager to finally shop close to home
against newcomers who believe Wal-Mart -- and its customers -- will
tarnish a relatively affluent city with the slogan "Gateway to the
Napa Valley. "
Commissioner Charlie Johnson spoke
favorably of Wal-Mart, saying after the hearing, "I've lived here
since 1981, and I'm tired of going out of town to shop."
Anthony Quicho, who voted yes
along with Michele Castagnola, said American Canyon would be a bad
fit for a supercenter "targeted for low-income people." However, he
said, the issue before the commission was the store's design, not
whether it could come to town.
Neither of the two dissenters,
Donald Callison and Pamela Quiroz, spoke of halting Wal-Mart's
plans. Rather, Callison said he wanted to give the city more time to
work out conditions for Wal-Mart to follow. "There are a lot of
things I'd rather see there," he said. "But truth be told, nobody
else wanted to play."
The planning commission's approval
came with several conditions: Wal-Mart must prohibit overnight RV
camping in its parking lot, remove graffiti within 24 hours and keep
its vending machines and carts out of sight. City officials said the
project's master plan had been approved in December and included
having an unnamed big-box retailer anchor it. Wal-Mart was the only
one interested, said City Manager Mark Joseph. But opponents said
the master plan set aside a 165,000-square-foot retail space that
could have been divided into several smaller businesses. The newly
formed American Canyon Residents United for Responsible Growth plans
to appeal the planning commission approval, said Brett Jolley, a
Stockton attorney representing the group.
He said Wal-Mart should be
required to apply for a conditional use permit under city law
because it offers retail food sales and because of the size of its
sign. The impact of the project could then be subject to further
environmental review, Jolley said. City officials and developers say
no special permit is required.
"The city is not cutting square
corners and taking a hard look at this as they are required to do by
law," Jolley said.
Wal-Mart's attorney, Judy
Davidoff, said the company would appeal the ruling, but she declined
further comment.
Opponents say Wal-Mart engages in
ruthless cost-cutting that undercuts local businesses, and they
criticize the company for its low wages and anti- union stance. They
hope to stall the project, and they are following a state Senate
bill that would force cities or counties to complete an economic
impact report before allowing Wal-Mart-style superstores. The bill
is now on the governor's desk.
Supporters in American Canyon say
a supercenter would bring needed sales tax revenue -- more than
$600,000 a year, according to the city -- to American Canyon. Many
say they enjoy shopping at Wal-Mart and are excited by the
supercenter's size.
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AMERICAN CANYON Proposed
Wal-Mart divides growing city
Many wary of store that others view as progress
Demian Bulwa - SF Chronicle Staff Writer
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Thursday, September 9,
2004
Fast-growing American Canyon has long been defined by its
proximity to other places.
The Napa County city was founded a half-century ago by military
families from nearby Mare Island. Many of its newest homeowners
discovered it while cruising Highway 29 on their way to view open
houses in Vallejo or Napa. And the city's slogan is "Gateway to the
Napa Valley," which hints at its dream of luring wine-tasters to the
town center.
But the identity of a city that incorporated 12 years ago is at
the center of its biggest political fight, which comes to a head
tonight when the planning commission is expected to make American
Canyon the second Bay Area city, after Gilroy, to welcome a Wal-Mart
supercenter.It has been an emotional battle, at times pitting
longtime residents eager for the chance to finally shop close to
home against newcomers worried Wal-Mart will tarnish the character
of what is becoming an upscale community where the median home price
recently hit $481,000.
"It's really a defining moment," said Mike Stanfield, 47, a
history professor at the University of San Francisco who two years
ago moved with his wife and three kids to American Canyon. "To have
Wal-Mart defining my community is something I'd be against."
Wal-Mart's proposed 176,000-square-foot supercenter would anchor
the downtown "Napa Junction" project along Highway 29 that includes
apartments, a park, a hotel and other stores.
Residents announce their stances on signs in their yards. City
Council members are peppered with questions while running errands.
And accusations of back-room deals and political opportunism are
flying.
Underscoring the contentious debate, tonight's meeting was
rescheduled and moved to a gymnasium after more than 250 people
packed a school cafeteria last week. Wal-Mart opponents accused the
company of padding the crowd, while supporters complained too many
opponents were out-of-towners. Stanfield and other opponents of the
supercenter blast the retailing giant for reasons that have become
rote in the anti-Wal-Mart debate -- its ruthless cost-cutting, its
adverse impact on some local businesses and its low wages.
Supporters say the supercenter will bring shoppers and badly
needed sales tax revenue, more than $600,000 a year according to the
city, to American Canyon. They argue the city has no right to
discriminate against a business. Many are simply excited about the
prospect of cheap groceries and a store that sells just about
everything under one roof.
"Now I can truly have a 'Wal-Mart day' -- that's what my husband
calls it," said Suzette Williamson, a 48-year-old probation officer
and self- described "shopaholic" who lives just outside American
Canyon. "This whole area is growing, and we need more. These people
are trying to keep a small- town atmosphere when they're booming."
Earlier this year, Contra Costa County voters defeated a measure
to ban supercenters in unincorporated communities. And Wal-Mart
could break ground on a 220,000-square-foot supercenter in Gilroy
this month, although opponents have filed a lawsuit to stop the
project.
Wal-Mart also hopes to open supercenters in Antioch, Tracy, Lodi,
Yuba City, Redding, Chico and Red Bluff. A supercenter augments the
usual Wal-Mart inventory of general merchandise with groceries.
American Canyon is just 3 square miles, hemmed in by hills to the
east and the Napa River to the west and bisected by Highway 29. It
has filled quickly, its population jumping from roughly 6,000 to
14,000 in the past five years.
In American Canyon, as in other places, Wal-Mart has become a
political rallying point. It's the leading issue in a contentious
City Council race and has two of the most outspoken candidates, the
mayor and the publisher of the local newspaper, trading barbs.
Mayor Lori Luporini, 54, who manages a makeup counter at Macy's,
said the backlash against the supe |