Local 6 News
November 30th, 2008                   [back to top 

ORLANDO, Fla. -- A man dressed as a woman and wearing a wig fired shots inside an Orlando Wal-Mart during a robbery attempt, police said.

The incident occurred at about 11:30 a.m. Sunday at the Wal-Mart located at 2500 S. Kirkman Road.

According to Orlando police, a man threatened a clerk with a handgun during the robbery attempt and fired two shots into the ceiling of the store before fleeing in a green 1997 Honda Accord with the Florida tag D85 05Z. The car, which had been reported stolen, was located early Monday morning in the southwest part of Orlando, police said.

The gunman was described as a black man about 5 feet 6 inches tall and 150 pounds. He was wearing a wig with short gray hair and a black jacket with a flower print over a white flower-print dress.

No one was injured, but two people were taken to an area hospital for high blood pressure, Orlando police said.

An investigation into the shooting is under way.

Anyone with information about the gunman's whereabouts is urged to call Crimeline at 800-423-TIPS.

Watch Local 6 News for more on this story.

Sought: Wal-Mart shoppers who trampled NY worker

By COLLEEN LONG,
Associated Press
11.29.08                                     [back to top

Police were reviewing video from surveillance cameras in an attempt to identify who trampled to death a Wal-Mart worker after a crowd of post-Thanksgiving shoppers burst through the doors at a suburban store and knocked him down.

Criminal charges were possible, but identifying individual shoppers in Friday's video may prove difficult, said Detective Lt. Michael Fleming, a Nassau County police spokesman.

Other workers were trampled as they tried to rescue the man, and customers stepped over him and became irate when officials said the store was closing because of the death, police and witnesses said.

At least four other people, including a woman who was eight months pregnant, were taken to hospitals for observation or minor injuries. The store in Valley Stream on Long Island closed for several hours before reopening.

Police said about 2,000 people were gathered outside the Wal-Mart (nyse: WMT - news - people ) doors before its 5 a.m. opening at a mall about 20 miles east of Manhattan. The impatient crowd knocked the employee, identified by police as Jdimytai Damour, to the ground as he opened the doors, leaving a metal portion of the frame crumpled like an accordion.

"This crowd was out of control," Fleming said. He described the scene as "utter chaos," and said the store didn't have enough security.

Dozens of store employees trying to fight their way out to help Damour were also getting trampled by the crowd, Fleming said. Shoppers stepped over the man on the ground and streamed into the store.

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Wal-Mart worker dies after shoppers knock him down

By COLLEEN LONG ,
Associated Press
11.28.08                                [back to top

Police say a Wal-Mart worker has died after being trampled by a throng of unruly shoppers shortly after the Long Island store opened Friday.

Nassau County police say the 34-year-old worker was taken to a hospital where he was pronounced dead at about 6 a.m., an hour after the store opened. The cause of death was not immediately known.

A police statement says a throng of shoppers "physically broke down the doors, knocking him to the ground." Police also say a 28-year-old pregnant woman was taken to a hospital for observation.

Wal-Mart Stores Inc. (nyse: WMT - news - people ), in Bentonville, Ark., would not confirm the reports of a stampede during the day-after-Thanksgiving bargain hunting, but said a "medical emergency" caused them to close the store.

Copyright 2008 Associated Press. All rights reserved.

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Family of slain Wal-Mart employee awarded $36M

The Huffington Post
November 27th, 2008             [back to top

PHOENIX — The family of an Arizona Wal-Mart employee shot to death by a mental patient has been awarded $36 million by a jury.

A Maricopa County Superior Court jury on Wednesday awarded the damages to the widow, two children and parents of Patrick Graham. He was fatally shot in Peoria in 2005 by Ed Liu, a paranoid schizophrenic under the treatment of ValueOptions Inc.

The jury found the Virginia-based company 90 percent at fault in Graham's death and ordered it to split the payment with its Arizona subsidiary.

An attorney for the Grahams accused ValueOptions of negligence for not following its own guidelines in caring for Liu. Liu had been off his medications for nearly eight months at the time of the shooting.

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Wal-Mart buys second Salinas site

By LARRY PARSONS
Herald
11/25/2008                           [back to top

The main building at the former Home Depot store in Salinas is 102,000... (VERN FISHER/The Herald)«1»The number of Wal-Marts in Salinas appears ready to double. The world's largest retailer is positioned to open a second store in north Salinas, just a few miles from the city's current Wal-Mart in the Westridge center.

The new store would go into the former home of Home Depot in the Harden Ranch Plaza center.

County real estate records show Wal-Mart Real Estate Business Trust paid $8 million in mid-November to H.D. Development of Maryland Inc. for the 9-acre parcel and building at the northern tip of the Harden Ranch center.

Wal-Mart spokeswoman Trudi Hughes said Monday, "I can confirm the purchase, but we are in the final stages of forming what and whether we develop that property."

Hughes said the retail chain likely will make a formal announcement about the property "after the first of the year."

Wal-Mart has a store in the Westridge center, one in a former Kmart in Marina and is looking at adding a new store to a proposed Soledad shopping center.

Salinas Mayor Dennis Donohue didn't brim with joy at the news.

He said he is glad that Wal-Mart stands to fill a big vacancy in the Harden Ranch center, which was created by Home Depot's departure. "The owners of the center have been real concerned about not having a tenant in a critical spot," he said.

But Donohue said adding another Wal-Mart to the city's retail sector "doesn't float my boat. ... My reaction is simple. Now, we have two Wal-Marts instead of one," he said. "We still have a retail agenda to pursue." The former Home Depot property at Boronda Road and San Juan Grade Road includes a 102,000 square-foot main building and a 20,500 square-foot garden center, according to county records.

Donohue expressed concern that a second Wal-Mart could hurt existing Salinas retailers. And he isn't convinced the city would receive a big shot in the arm from sales tax growth with another Wal-Mart. "We'll see," he said.

The site is at a lower corner of the city's 2,400-acre, "new growth area." Formally annexed to the city in May after years of planning, the growth area has room for 11,400 homes and 1 million square feet of commercial space to be developed over the next 20 to 30 years.

Home Depot moved from the Harden Ranch center to its new store in the Boronda Crossing center after that development west of Highway 101 won city approval in 2005.

The Wal-Mart in the Westridge center is one of chain's busiest stores, and officials have broached the idea of expanding it from 40,000 to 60,000 square feet to ease the crunch on customers.

Meanwhile, the city of Soledad is nearing a decision on whether to allow a new Wal-Mart as the anchor store in a shopping center proposed by Creekbridge on the north end of the city.

The first hearings on the proposed Soledad Plaza Shopping Center should occur in February, said Creekbridge vice president Robert Bikle. Environmental consultants are in the process of preparing responses to public comments about the project, he said.

Bikle didn't express surprise at Wal-Mart's purchase of the former Salinas Home Depot. He said he thought the deal "had been in the works for quite some time."

Because the new Wal-Mart property is in a retail center, Donohue said the city wouldn't have much say over a new Wal-Mart there.

"They bought it. They're going to come in. I need to see details, but my understanding is they are free" to use the property as a Wal-Mart, he said.

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Wal-Mart settle Calif. pricing suit for $1.4 mln

By Gina Keating,
Reuters
November 24th, 2008               [back to top

Wal-Mart Stores Inc agreed to pay $1.4 million and refund $3 per customer for future pricing mistakes to settle a lawsuit by California authorities over price scanning errors at the chain's stores statewide, the California Attorney General said on Monday.

An investigation into allegations that Wal-Mart checkout counters were scanning items at higher prices than those advertised on store shelves and signs began in 2005, followed by a lawsuit filed earlier this year in San Diego.

Through random price checks, state investigators found that 164 Wal-Mart stores in 30 California counties had made scanning errors, which averaged $8.40 per customer, according to California Attorney General Edmund Brown and San Diego District Attorney Bonnie Dumanis.

The investigators found that customers were overcharged on a variety of items, ranging from sports bras to cereal.

"Wal-Mart always strives for 100 percent pricing accuracy," Wal-Mart spokesman Greg Rossiter said. "If we do find pricing discrepancies, we're committed to making it right for our customers, and we are instituting additional measures to do just that."

As part of the settlement, Wal-Mart agreed to implement a pricing accuracy program in its California stores for at least four years. The chain must designate employees to handle consumer complaints and do weekly price accuracy checks.

The company also must post signs describing the refund program at each cashier's stand and offer immediate discounts of $3 for every item that is priced incorrectly.

If the accurate price is less than $3, the overcharged customer will receive it for free, the attorney general said.

Wal-Mart has agreed to pay $1.4 million in restitution, civil penalties and reimbursement for the cost of the probe, plus $50,000 to the state Consumer Protection Prosecution Trust Fund.

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Wal-Mart fires GOP lobbyist over Abramoff charges

By Susan Crabtree,
The Hill
November 24th, 2008                         [back to top

Wal-Mart has fired Jim Hirni, its top in-house Republican lobbyist, who is expected to plead guilty to corruption charges in the Jack Abramoff scandal.

Wal-Mart’s senior director of media relations confirmed on Monday morning that the company had fired Hirni.

In a statement that noted the charges were unrelated to his work for the store, David Tovar wrote: “Based on Mr. Hirni’s [expected] guilty plea which relates to conduct occurring prior to and unrelated to his employment by the company, we terminated his employment.” Tovar said the termination occurred Wednesday.

Hirni, a former senior aide to then-Sen. Tim Hutchison (R-Ark.), joined Wal-Mart full-time in 2007 as executive director of Republican outreach. He previously worked at Sonnenschein, Nath & Rosenthal, then with Abramoff at Greenberg Traurig before joining Cassidy & Associates. Hirni first worked on the Wal-Mart account as early as 2004 while still at Greenberg Traurig.

The firing follows the resignation of another lobbyist with ties to Abramoff, Todd Boulanger, from Cassidy & Associates on Friday.

The two departures come in the wake of a guilty plea Thursday by Trevor Blackann, a former staffer to Missouri GOP Sen. Kit Bond and Rep. Roy Blunt. Blackann admitted to filing a false tax return that omitted more than $4,100 in illegal gifts from lobbyists.

Boulanger and Hirni were not identified in court documents in Blackann’s case, but details describing “Lobbyist D” and “Lobbyist E” closely mirror Boulanger’s and Hirni’s careers.

In a court document, Hirni is accused of providing illegal gifts to Blackann, as well as to a House Transportation and Infrastructure Committee aide identified as “Staffer D,” in return for legislative favors.

While working for an equipment rental client, Hirni and “Lobbyist D” allegedly sought an amendment encouraging state public works agencies to rent rather than purchase construction equipment contracts only with companies that had “large dollar amounts of liability insurance coverage.” Hirni and “Lobbyist D” sought to have these amendments inserted into the federal highway funding bill, according to papers filed by government prosecutors.

The identity of “Staffer D” is still unknown. According to Hirni’s charging document, “Staffer D” worked on the Transportation and Infrastructure Committee in 2003 and 2004, when Rep. Don Young (R-Alaska) chaired the panel.

An attorney for Mark Zachares, who served as an aide on the committee from 2002 to 2005, said he does not believe his client is “Staffer D” or was involved in the charges filed against Hirni.

Zachares pleaded guilty last year to conspiring with Abramoff and accepting $40,000 worth of money and tickets to sporting events and concerts in return for assisting Abramoff.

Hirni’s attorney, Scott Sobel, clarified that Hirni was working for Sonnenschein, Nath & Rosenthal at the time of the alleged activities, not with Abramoff at Greenberg Traurig.

“Jim regrets one single instance as a first-time lobbyist over five years ago when a mistake in judgment by agreeing to a client’s request led to an unfortunate chain of events one evening,” said Sobel. “Jim has acknowledged his involvement and the involvement of those responsible for the incident. He is now cooperating with the Justice Department.”

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Wal-Mart to cut $3 off overcharged items in Calif.

Associated Press
11.24.08                                       [back to top

Wal-Mart Stores Inc. will knock $3 off the price of any item when a California customer is overcharged because of a problem with its price-scanners, authorities said Monday.

California Attorney General Jerry Brown announced the move in a settlement with the retailer after authorities found pricing errors throughout the state.

Investigators found 164 stores in 30 counties made scanning errors, the attorney general's office said. On average, customers who were overcharged paid an extra $8.40 at the checkout.

Examples included customers who overpaid $1 for sports bras and Kellogg (nyse: K - news - people )'s Special K cereal, $2 for woven shirts and $5.16 for a Journey compact disc, the attorney general's office said.

The investigation began in December 2005 amid allegations that Wal-Mart (nyse: WMT - news - people ) stores in California were charging prices higher than those advertised on store shelves and signs.

Greg Rossiter, a spokesman for Bentonville, Ark.-based Wal-Mart, said the company strives for 100 percent accuracy.

"If we find price discrepancies, we are committed to making things right for our customers," he said.

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Employee in Oregon sues Wal-Mart

By ANNE SAKER,
The Oregonian
November 22nd, 2008                  [back to top

A Wal-Mart employee in Oregon has accused the mega-store chain in federal court of demoting her because she took time off during the Christmas shopping season to undergo an emergency hysterectomy.

Lynda deBarros filed suit Tuesday against Wal-Mart Stores Inc. in U.S. District Court. She joined the chain in 2000 as a photo technician in Eugene. In 2002, she became an assistant manager of Wal-Mart's store in McMinnville. In 2005, she was sent to Lebanon to oversee the construction of a store. In August 2007, she was made assistant manager of the Springfield store.

On Nov. 14, 2007, deBarros went to her gynecologist because of excessive menstrual bleeding, documents show. DeBarros "had a strong family history of cancer and was very worried that cancer was the cause of her excessive vaginal bleeding."

On Dec. 3, 2007, her doctor recommended an emergency hysterectomy, which was scheduled for Dec. 10. When deBarros notified her boss, Kenneth Hutchison, about her medical condition, the suit said, he scolded her and told her to go to the doctor on her time, not his.

The suit also alleged that Hutchison berated her about the timing of the operation because it "is our busiest time of year" and noted that two other assistant managers were out. He also asked, "Are you sure that you can't take it later?" the suit said.

DeBarros went ahead with the procedure, taking time under the federal Family and Medical Leave Act. She returned to work Jan. 21.

Two weeks later, deBarros was demoted from assistant manager, a salaried position paying $46,000 a year, to associate, a job paying $12.50 an hour. She also was moved to the Cottage Grove store.

DeBarros accused Wal-Mart of retaliating against her for taking time under the federal leave law. She seeks reinstatement to her management job and back pay.

Wal-Mart officials at the company headquarters in Bentonville, Ark., did not return a phone call seeking comment on the lawsuit.

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WAKEUPWALMART.COM WELCOMES MICHAEL DUKE AS THE NEW CEO OF WAL-MART, INVITES HIM TO MAKE POSITIVE CHANGES

CONTACT: Meghan Scott
November 21, 2008
202-721-8014
202-538-0362                            [back to top

Wal-Mart Stores, Inc. announced today that effective February 1st, Lee Scott will retire as the Chief Executive Officer of Wal-Mart and Mike Duke will take his place. It was also announced that Eduardo Castro-Wright will be promoted to Vice-Chairman of Wal-Mart stores.

The following statement is attributed to Meghan Scott, Spokesperson for WakeUpWalMart.com.

“This is an incredible time of change and transition, both for Wal-Mart, and the country. With its change in leadership, we hope Wal-Mart will embrace this opportunity for a positive change in the way it does business.

“We invite Mr. Duke, as the new CEO of Wal-Mart, to live up to the company’s responsibility to pay its workers a living wage, especially in this dire economy where working people are struggling and Wal-Mart is profiting. We invite Mr. Duke to improve Wal-Mart’s employee benefits so that all of its associates can afford quality health care. Lastly, we invite Mr. Duke to make a real commitment to the American economy by keeping manufacturing jobs here in the United States, not pressuring its suppliers to go overseas.

“We welcome this important transition, and we welcome Mr. Duke. We look forward to a better Wal-Mart, and we hope Mr. Duke can be the one to make it happen.”

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Wal-Mart names Duke to succeed Scott as CEO

By ANNE D'INNOCENZIO ,
Associated Press
11.21.08                                              [back to top

Wal-Mart Stores Inc., the world's largest retailer, unexpectedly announced Friday that its chief executive will retire in February and be replaced by the head of its international division.

The Bentonville, Ark.-based retailer said Mike Duke, 58, vice chairman of its international division, will take the reins from Lee Scott, 59, effective Feb. 1. Duke also becomes a member of the board of directors immediately.

Scott, who became president and CEO in 2000 and has been with the company since 1979, will continue as chairman of the executive committee of the board until January 2011, according to Wal-Mart (nyse: WMT - news - people ) spokesman Dave Tovar. He will also serve as an adviser to Duke until 2011.

Additionally, Wal-Mart says Eduardo Castro-Wright, 53, was promoted to vice chairman, adding to his current titles of president and chief executive of Walmart U.S. He will take over the company's global procurement operation.

"We think the right time is now, a time of strength and momentum for the company," Tovar told The Associated Press. "Our strategy is sound, and Mike has been integrally involved in developing and executing the strategy."

Tovar said the decision to name Duke was part of an "ongoing rigorous succession planning process." He declined to name other candidates who were considered.

The moves come a week after the retailer said third-quarter profit rose 10 percent as shoppers hunting for discounts snapped up early Christmas promotions.

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New Wal-Mart CEO's international experience key

By MAE ANDERSON ,
Associated Press
11.21.08                              [back to top

With a solid retail background and experience wrangling costs in Wal-Mart's international division, analysts say Mike Duke has the chops to take on the top post at the world's largest retailer as it increasingly focuses on emerging markets.

Duke, 58, has headed Wal-Mart Stores Inc.'s international division since 2005, making key moves including pulling out of some countries and expanding in others, such as Brazil and India. Before that, he held various senior logistics, distribution and administration posts since he joined the company in 1995.

That makes Duke a "capable" executive who knows the company "inside and out," Goldman Sachs analyst Adrianne Shapira said.

Duke became chief executive and president of the Wal-Mart Stores U.S. division in 2003 and switched over to head the international division two years later as the Bentonville, Ark.-based retailer increased focus on strategic international growth.

International sales account for about a quarter of the company's revenue.

In 2006, Duke was involved in major changes in the company's international strategy, including exiting the German and South Korean markets, where the company was faltering before Duke took over. Duke said at the time it wasn't possible to achieve the "size and results" the company was seeking in the two countries.

Last year, the company took full ownership of its money-losing Japanese subsidiary and introduced a turnaround plan, remodeling stores, keeping inventory low and focusing on low prices. It has also expanded in Brazil and India.

"Mike has had a pretty stellar career at the company," said Morgan Keegan & Co. analyst John D. Lawrence. "He has done a good job in assessing the situation in international, making some decisions over there. Those were tough decisions."

Meanwhile, as economic conditions in the U.S. continue to deteriorate, Wal-Mart Stores has said it is shifting its focus to emerging markets. Over the next five years, it plans to allocate 53 percent of its capital to emerging markets, with the remainder in mature markets. Over the past five years the company allocated about 67 percent of capital to mature markets such as Britain and Canada.

Duke's international experience is particularly important, Shapira said, given the recent shift in investment toward the division and its positioning as the main driver of growth.

Before joining Wal-Mart, Duke spent more than two decades as an executive at department-store operator at May Stores and Federated Stores Inc., now known as Macy's Inc.

Sandy Kennedy, president of the trade group Retail Industry Leaders Association, where Duke served on the board until he took the international post, said Duke was an "outstanding retailer, very strategic, but also just a fine human being."

Duke, who has a daughter and son with wife Susan, graduated from Georgia Tech with a degree in industrial engineering in 1971. Following his first job at Rich's department store in Atlanta, he stayed in the department-store business for 23 years at May and Federated. He joined Wal-Mart in 1995.

During a 2003 address at his alma mater, Duke said Wal-Mart's story is "not about the big numbers, but it is about one customer and one associate at a time improving their standard of living."

Copyright 2008 Associated Press. All rights reserved.

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Wal-Mart gives credit to boost MLK Memorial effort

By BRETT ZONGKER ,
Associated Press
11.20.08                                   [back to top

Wal-Mart's charitable arm announced a $12.5 million letter of credit Thursday for the planned Martin Luther King Jr. Memorial on the National Mall to help start construction, though a disagreement over how to secure the site may delay the project until sometime next year.

The National Park Service has insisted that the memorial's design include security measures, identifying an unspecified security threat by extremist groups "spouting racist ideologies." But other agencies with authority over the capital's architecture have resisted security barriers, calling them an embarrassment to King's legacy of inclusiveness.

It appears to us that we're the one caught in the middle, and that's an uncomfortable position," said Ed Jackson Jr., executive architect of the memorial project. "From our point of view, we are positioned and ready to initiate construction."

Organizers with the foundation working to build the memorial are asking for help from the Bush administration and Congress to get past the stalemate over security, Jackson said.

The financial backing from the Wal-Mart (nyse: WMT - news - people ) Foundation would help the memorial foundation submit required documents to the National Park Service to obtain a construction permit, a spokeswoman for the project said. Company officials said they wanted to help jump-start the building effort.

Wal-Mart, the world's largest retailer, had previously given $1 million in 2005 as part of the project's fundraising from corporations and other donors.

"Our plan is to see them through to completion," said Esther Silver-Parker, a senior vice president at Wal-Mart. "We thought that given that this is the 45th year since the 'I Have a Dream' speech, that this would be an appropriate time to start construction."

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'Wal-Mart Watch' Folding Into Union, Will Focus On Obama Agenda

Sam Stein
The Huffington Post
November 19, 2008             [back to top

The Service Employees International Union (SEIU) is effectively shutting down its Wal-Mart watchdog group in order move its focus to larger more pressing legislative priorities, officials with the group say.

Wal-Mart Watch, launched in 2005, will give up its non-profit status and be incorporated under either the SEIU or its affiliate union, Change to Win. SEIU will target its resources and personnel toward issues like health care, tax policy and passage of the Employee Free Choice Act -- a policy cornerstone of the labor community -- while still focusing energy on the retail giant.

"A couple months before the election, if Barack Obama won, we decided we were going to stop talking about the problems and start solving them," said Andy Stern, president of the SEIU. "We set up Wal-Mart Watch to highlight the issues facing American workers as seen through the largest employer... Then we win this election, and a bigger voice than ours says, 'We have an economy that doesn't work for Main Street, it works for Wall Street, and we are going to do something about it.'"

Indeed, the move by the SEIU underscores how much the labor community anticipates a new political landscape under the upcoming Obama administration -- one in which it can score legislative victories as opposed to fighting outside-government battles. Obama, for starters, had co-sponsored the 2007 version of the Employee Free Choice Act and has said he will sign the bill once it makes it through the next Congress.

But the move also reflects how far the dynamics have shifted in the public relations battles waged between the Wal-Mart and its detractors.

In the months and years following its founding, Wal-Mart Watch launched extensive campaigns designed to both shed light on, and facilitate change in, the retail giant's labor, health care, and environmental practices. Over the past year or so the group has won commitments from Wal-Mart in line with these objectives, including environmental considerations (for instance, becoming the nation's largest seller of incandescent light bulbs) and expanded prescription drug programs.

In June 2008, the New York Times Mike Barbaro reported that Wal-Mart Watch had commissioned a nine-page report proposing changes to the company's health care plans.

"It's fair to say we have been less in-your-face," David Nassar, the executive director of Wal-Mart Watch, was quoted as saying.

All of which, Stern says, is not to suggest that Wal-Mart Watch or SEIU are no longer interested in holding the retail giant's feet to the fire -- just that there are currently bigger battles to fight.

"Senator Max Baucus just introduced a health care bill with an employer mandate in it," explained Stern. "We would rather pass Max Baucus' bill than beat up on Wal-Mart for being a bad employer. If [Wal-Mart] goes in another direction right now, it's like, who cares? We'd rather pass the comprehensive health care bill. And if we do that will have solved the Wal-Mart health care problem anyways."

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Study shows retailers get $1B of sales tax back

By CHUCK BARTELS ,
Associated Press
11.18.08                                                  [back to top

Even as they struggle amid the slowing economy, some states are giving retailers back about $1 billion in sales taxes each year as reimbursement for acting as tax collectors, according to a study released Tuesday.

The Washington, D.C.-based watchdog group Good Jobs First, which is critical of government handouts to private enterprise, said 26 states allow for some kind of compensation to companies for collecting sales tax for the government. The study says 19 states do not make such payments, and five states do not impose sales tax.

An Internet sales tax bill before Congress also would provide some sort of reimbursement to companies, but the bill doesn't stipulate how much.

Group research director Philip Mattera said the issue is important because states' budgets are tightening in the slowing economy, making budget cuts a possibility, even as they are giving away much-needed revenue.

"We wanted to shine a light on a rather obscure aspect of state tax policy, particularly at a time when states are having a big fiscal crunch," Mattera said. 

States don't report how much individual companies take in, but Good Jobs First estimates that Wal-Mart Stores Inc. (nyse: WMT - news - people ), the world's largest retailer, receives $60 million per year for collecting sales taxes. The study cites Wal-Mart, which reported profit last year of $12.73 billion on revenue of $378.8 billion, as saying it took in $12.8 billion in sales taxes for states in 2007.

Copyright 2008 Associated Press. All rights reserved.

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Wal-Mart Tells Search Engines No Links to Black Friday Ads

By Loren Baker,
Search Engine Journal
November 16th, 2008                       [back to top 

Black Friday advertisement flyers from Wal-Mart have hit the web early after a leak and Wal-Mart is not only going after the sites that have posted the Black Friday specials, but also the search engines which are indexing or linking to them. Wal-mart’s legal team is targeting sites that have posted the content, claiming a copyright on the content, but now the company is going a step further.

Wal-Mart has issued a takedown notice to SearchAllDeals.com, a search engine and publisher of coupons and other discounts, has received a DMCA takedown notice to SearchAllDeals, which does not even host the content Wal-Mart is claiming breaks copyright law.

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Can't say Obama's name? ACLU opens investigation

By Jimmie E. Gates,
Clarion Register
November 15th, 2008                       [back to top 

The American Civil Liberties Union in Mississippi is investigating more than a dozen complaints of students allegedly disciplined or warned not to say President-elect Barack Obama's name at school.

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Also, some employers are discouraging political discourse on the job in the wake of the election of the nation's first African-American president.

"We think it's a violation of First Amendment rights," said Nsombi Lambright, executive director of the American Civil Liberties Union of Mississippi. "It's also a shame that students can't discuss a part of their history."

Several school officials said they were unaware of the incidents the ACLU is alleging. Some also denied the incidents had occurred.

The ACLU plans to send a letter to the state Department of Education and local school districts across the state asking that any form of discipline for students saying Obama's name or discussing the election be eliminated, Lambright said.

State Department of Education spokeswoman Caron Blanton said the department has not put out any directive because it hasn't been notified of any problems by school districts.

Lambright said complaints to ACLU include:

# A student in Calhoun City paddled twice at school for uttering Obama's name and his campaign slogan: "Yes, we can."

Superintendent Mike Moore couldn't be reached for comment, but an official in his office said the district didn't know anything about the alleged incident.

# A student in Pearl River County suspended for two days for saying Obama's name at lunch time.

Pearl River County Superintendent Dennis Penton said the incident didn't just involve saying Obama's name. It involved a derogatory comment, he said.

# Students at a Madison County school and a Rankin County school being told they couldn't wear Obama items to school or talk about the election.

Madison County School Superintendent Mike Kent said the district has no policy that students can't say Obama's name or talk about the election as long as they aren't being disruptive.

Kent said no principal has reported any problem. He said it appears adults are the ones stirring the issue more than students.

Rankin County School Superintendent Lynn Weathersby said the district has used the presidential election as an educational tool.

"At no time has discussion of the electoral process or the candidates been prohibited or limited," Weathersby said in a statement.

# Two students allegedly put off a bus in Lincoln County for mentioning Obama's name.

"That's a bold-face lie," Lincoln County Superintendent Terry Brister said.

Brister said the district encouraged students to be actively engaged in political discussions leading up to the election, but now that it's over, teachers are encouraging students to put their focus back on their education and upcoming testing.

"We need to get back to normal," Brister said.

Last week, a bus driver and a coach with the Pearl school district were disciplined for allegedly telling students not to say Obama's name.

"It is unfortunate that some employees mishandled this situation, but they have been disciplined, and I have spent the day clarifying our policies," Superintendent Greg Ladner said last week in a statement.

Ladner said at no time will children be disciplined for saying Obama's name.

Last weekend, a postal employee in Jackson said he was sent home from the downtown Medgar Evers postal facility for wearing an Obama T-shirt.

U.S. Postal Service spokesman Joseph Breckenridge said in a statement that, "Though no offense was intended, we recognize that many have been offended by this incident and for that, we offer our sincere regret. While we respect the entire range of political opinion, we also believe that the workplace is a place for work, not political controversy."

The U.S. Office of Special Counsel has put out an advisory that it doesn't regard wearing a campaign T-shirt or displaying the candidates' pictures after Election Day as activity directed at the success of a candidate, therefore it doesn't violate the federal Hatch Act law for a federal employee to do so on duty or in the federal workplace.

The Hatch Act, enacted in 1939, prohibits federal employees from engaging in partisan political activity.

Wal-Mart, in response to reports that it had banned employees from speaking Obama's name while at work, said it is discouraging its employees from engaging in certain political discourse on the job.

"One of the basic beliefs of our company is respect for the individual," Wal-Mart corporate spokeswoman Ashley Hardie said in an e-mail statement.

"We are a bipartisan company and our associates reflect the wide range of attitudes and political diversity of this country. We prefer to maintain a politically neutral working and shopping environment in our stores," Hardie said. "As such politically charged discussions are discouraged in order to ensure individual beliefs are respected."

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Big Box & Beyond

By Joel Garreau,
The Washington Post
November 15th, 2008

For the purposes of this morning's discussion, the amazing thing about the Spam Museum -- as in the meat product -- is not that it exists. It's that it was created out of an abandoned Kmart. "The renovation of the Kmart building into what you see here today has the drama of a great epic," says Julie Craven, publicity representative for Spam in Austin, Minn. "We are going to be in this building for a long, long time. . . . We love it here."

This report comes to you courtesy of Julia Christensen, a 32-year-old artist whose book, "Big Box Reuse," is being published this month by MIT Press. Its news is that those who gaze at the big-box stores of Rockville Pike or Manassas and fail to see future cathedrals, museums or artists' communities have no sense of history. Or imagination.

This lesson looms because we're going to have to figure out what to do with a whole lot of big boxes, and soon. There are thousands of them -- vast prairies of Targets and Bed Bath & Beyonds and Costcos and Home Depots. Wal-Mart alone has 4,224 in the United States, more than half of them Supercenters into which, on average, you could comfortably fit four NFL football fields.

The supply is growing, according to the International Council of Shopping Centers. "Big-box space" continues to capture "the largest share of new additions to U.S. retail space," according to its April report.

Yet consumer tastes are fickle, gas prices unpredictable, and some chains like Circuit City are on the ropes. Will people want more walkable village-like shopping experiences? Will they prefer to have their goods delivered via the Internet? No real estate trend is forever. Which is why it is beyond time to start thinking creatively about what to do with all the big-box stores in our burbs that become unsuited to their original function long before they physically wear out.

This inspired The Washington Post to assemble a small team of artists, architects, engineers and developers to think creatively about what to do with these, our most common, underrated and increasingly available major buildings. Let your imagination soar. So what if big boxes seem at first glance like bridesmaids' dresses -- big, ugly and not a whole lot you can use them for. At second glance, with some alterations they can be made to seem so promising.

As the celebrated novelist John Cheever wrote about his beloved suburbia: "For these are not as they might seem to be, the ruins of our civilization, but are the temporary encampments and outposts of the civilization that we -- you and I -- shall build." Big Boxes Packed With Possibilities

People have been turning stables into apartments, warehouses into offices and palaces into churches since the dawn of fixed settlement. Even our nursery rhymes celebrate adaptive reuse -- "There was an old woman who lived in a shoe."

We hardly remember how loathed and reviled were some ancient buildings before they were reprogrammed. We no longer pause to wonder which genius first looked at those "dark satanic mills" of New England's evil textile past and thought, "Hey, those would make great yuppie condos."

Neither do we marvel at the unrecorded hero who first looked at those dangerous, aptly named sweatshops south of Greenwich Village and said, "Hey, those would make great artists' lofts." Which ultimately would be transformed into the pricey, trendy neighborhood called SoHo.

In the burbs, however, adaptive reuse of humble, workaday structures still rattles our brains. The problem there is the history of this built environment. There is little -- at least until recently.

In "Big Box Reuse," Christensen looks at the astonishingly imaginative people looking at obsolete Kmarts and Wal-Marts and saying, "Hey, those would make a great church." Or a go-cart race course. (Really!) Or the site for a courthouse. ("Law-Mart.")

Christensen has seen the future.

"In the background is this very large problem that is being thrust upon our landscape. The big-box buildings themselves were not necessarily wanted in the first place. These corporations are not held accountable for the fact that they are building hundreds and hundreds of buildings that will be abandoned in the future. Luckily, our communities are incredibly resourceful, finding amazing things to do with these buildings. That's key. That's the balance of this project, the thrust of the message."

Some big-box stores become available because their parent corporations have trouble competing -- like Kmart. In Prince George's County, just north of FedEx Field, there is a shopping center where the county is thinking of putting an emergency medical facility. It features an abandoned C-Mart -- the closeout retailer.

More typical, however, is the situation at Walmartrealty.com. At last count there were 189 Wal-Marts for sale, and not because business is bad. A typical available Wal-Mart might be a 40,000-square-foot store (about the size of a football field) that was replaced by a 80,000-square-foot store that was so successful it has been replaced with a 200,000-square-foot store just down the road -- which is precisely what happened in Christensen's home town of Bardstown, Ky., where now you find the repurposed courthouse.

Of course, Wal-Marts are late arrivals to dense, expensive metropolitan areas such as Washington. But it's only a matter of time before the ones here join the ranks of the reused like the Calvary Chapel of Pinellas Park, Fla., that Christensen writes about. Or the RPM Indoor Raceway of Round Rock, Tex. Or the senior center of Wisconsin Rapids, Wis. Or the charter schools of Buffalo, Charlotte or Laramie.

"Big boxes are effectively paid off in seven, eight, nine years," at which point the owners can do just about anything they want with them, notes Christopher B. Leinberger, a developer, fellow at the Brookings Institution and author of "The Option of Urbanism: Investing in a New American Dream."

"If you keep the roof from leaking they can last 30 or 40 years." Where the Boxes Are

Just how creative can you get?

First, of course, comes the horsing-around stage. When The Post asked designers to address the big-box reuse challenge, one said, "Turn it upside down and make it a litter box for a 10-story-tall intergalactic pussycat."

"Make it into homeless shelters for people who can no longer afford their tract mansions," said another.

Suggestions included a cemetery or crematorium. And a shooting range. Or even an ammo dump.

But when you get down to it, one of Christensen's contributions is her relentless pragmatism, demonstrating that the idea of reusing a big box is not nuts. She gets into the financing and what people did about it, and leaky roofs and what they did about it, the plumbing, the leasing, the whole deal.

Okay, so what is the definition of a "big box"? Does an old supermarket count? How about an old furniture store?

Christensen rules them out. Big boxes are not only one-story, one-room places originally created for retail sales. They are of breathtaking size -- some of them as much as 280,000 square feet or six football fields. They are marked by dazzlingly tall ceilings -- 18 feet or more -- that beg to have additional levels, balconies and cantilevers added to them. And they offer world-class heating, ventilation and air-conditioning.

"It's just a big tent -- like a circus tent," says William Reeder, dean of the College of Visual and Performing Arts at George Mason University.

The Post big-box boosters wound up focusing on a Best Buy off Route 1 in Alexandria between Crystal City and Old Town. It is a bustling 51,639 square feet -- you could comfortably fit a football field in it. It is part of Potomac Yard Center -- almost 600,000 square feet of big boxes anchored by a Target. (Which raises the issue of whether, if you were a mile and a half from the Pentagon, you would paint a bull's-eye on your roof, as they have, but that's a question for another time.)

This place sparks the imagination for several reasons. First, it's already a reuse. Before it became big-box heaven, it was part of one of the biggest rail yards on the East Coast, so full of spilled diesel fuel and Lord only knows what else that it became a Superfund site.

Today, however, its location is hardly Dogpatch. Alexandria planners are already thinking about adding a Metro station nearby. The trendy Del Ray neighborhood is across Route 1. Just up the road is Arena Stage's temporary digs. Indeed, there is no doubt that Potomac Yard Center's use will change as its occupants' leases run out in the next few years. "It is fair to say that when the project was developed it was developed with the thought in mind of redeveloping it," says Juan Cameron, vice president of McCaffery Interests, the developer and manager.

Nonetheless, big boxes are nothing if not generic. So possibilities that can be imagined here can work elsewhere.

The Wal-Mart trade deficit

By Andrew Leonard,
Salon.com
November 13th, 2008                   [back to top

Here's a stunning number: The Census Department reported on Thursday that the U.S. trade deficit declined to its lowest level in a year, to $56.5 billion. But Calculated Risk observes that the bilateral trade deficit with China rose to an all-time high of $27.8 billion. Fully half of the U.S. trade deficit is accounted for by one country -- China.

The first conclusion to take from this is simple: No wonder China's government announced a $586 billion economic stimulus plan last weekend. China exported $33.1 billion worth of goods to the U.S. in September, but how shaky is that crown? The U.S. economy is in free fall.

The second takeaway is a little more subtle. Among all the bad economic news today, I saw one headline that was tinted optimistically: "Wal-Mart Remains Upbeat." The retailer reported a 9.8 percent rise in profits for the third quarter of 2008, and CEO Lee Scott professed himself "optimistic about the upcoming holidays."

Wal-Mart's recipe for success is no secret:

Wal-Mart, which is often viewed as a barometer for the retail industry, has benefited from its low-price position as shoppers curtail discretionary purchases and seek bargains. In contrast, sales at department stores and specialty retailers have been lagging, in part because of their bigger exposure to discretionary merchandise.

But how does Wal-Mart get the lowest price? In significant measure, by sourcing production of its goods in China. A rough estimate holds that fully 10 percent of the annual trade deficit between the U.S. and China is accounted for by one company -- Wal-Mart.

The Wal-Mart effect may partially explain the seeming disjunction between the U.S.'s failing economy, shrinking overall trade deficit, and yet growing trade gap with China. The worse things get in the U.S., the more Americans are relying on goods "made in China" just to get by

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Wal-Mart Seeking Agency for Marketside Concept

Up to Seven Agencies Said to Be Vying for Fledgling Upscale Fresh-Foods Store

By Jack Neff
Advertising Age
Published: November 13, 2008                 [back to top

BATAVIA, Ohio (AdAge.com) -- Wal-Mart Stores is talking to agencies about creative work for its fledgling Marketside convenience and fresh-foods stores, inviting as many as seven agencies on Friday to discuss the account, which is separate from the flagship retail brand, according to people familiar with the matter.

Marketside is an upscale but discount-focused concept Wal-Mart launched last month with four stores in the Phoenix area. Photo Credit: Wal-Mart

It's unclear whether Interpublic Group of Cos.' Martin Agency, Richmond, Va., incumbent on the retailer's cornerstone Wal-Mart U.S. account, is among the agencies being vetted.

"We have not announced any plans regarding marketing for this area of our business," a Wal-Mart spokeswoman said, "but, as you can imagine, we frequently have informal discussions with a number of agencies."

Marketside is an upscale but discount-focused concept Wal-Mart launched last month with four stores around Phoenix, largely to counter the rollout last year of a similar format by U.K. rival Tesco, Fresh & Easy.

At 10,000 to 15,000 square feet, the stores are considerably smaller than a typical 50,000-square-foot supermarket and far smaller than a Wal-Mart supercenter, generally around 200,000 square feet.

While Marketside's logo bears a resemblance to the retailer's new Walmart brand identity being slowly rolled out around the U.S., it's a separate brand with no mention of its parent in the stores.

Though Marketside has been billed as experimental, it's a big experiment -- with some employment ads having raised the prospect of a 1,000-store chain that would generate $10 billion in annual sales. Even at that size, however, it would be dwarfed by its parent, which has $400 billion in global sales.

Tesco opened its first Fresh & Easy store in the U.S. in November and now has about 80. Even Tesco, however, views the concept as experimental, with one analyst citing a Tesco executive saying: "We know there's a gap in the market, but we don't know if there's a market in the gap."

Marketside stores emphasize fresh and prepared foods -- both areas relative weaknesses for conventional Wal-Mart supercenters. They include full-service delis, butcher shops, bakeries and fresh-cut flowers that come with a five-day freshness guarantee. The stores so far have more of an emphasis on branded products than Tesco or another similar competitor, Trader Joe's.

One advantage for Wal-Mart is Marketside's potential for growth in California, a market that's been underdeveloped for the giant retailer in part because of successful local efforts to restrict construction of supercenters.

Consumer reviews, at least online, appear to be favorable so far. At FreshNEasyBuzz.com, a blog devoted to Tesco's rival entrant but not affiliated with it, commentary about Marketside is positive.

"The prices aren't as low as the Wal-Mart Supercenter where I shop but that doesn't surprise me," said one poster. "The kitchen in the store is an interesting touch. The food cooking gave the store a nice smell."

The poster also noted the store had entered with a big promotional bang, selling $6 prepared foods for 6 cents.

~ ~ ~ Contributing: Rupal Parekh

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Wal-Mart actions in Quebec intimidate employees elsewhere

National Union of Public
and General Employees
November 11th, 2008                              [back to top

Regina (11 Nov. 2008) - The Saskatchewan Labour Relations Board (SLRB) has ruled that Wal-Mart's actions outside the province can be taken into account in assessing whether it is engaging in unfair labour actions within the province.

In a new blow to the anti-union American retail giant, the board agreed to hear a complaint by the United Food and Commercial Workers (UFCW Canada) accusing Wal-Mart of engaging in unfair labour practices as defined by Saskatchewan law.

Specifically, the board rejected Wal-Mart's argument that the union was "frivolous" in citing the closure of a Wal-Mart store in Jonquiere, Que., as an "intimidation" tactic affecting employees in Saskatchewan.

Geography and the law

Board chair James Seibel said the board was not required to determine whether Wal-Mart had acted illegally in Quebec to consider whether its actions "intimidated employees in Saskatchewan" from exercising their right under the province's Trade Union Act to "organize and be represented by a bargaining agent of their choosing."

"The fact that the actions of Wal-Mart upon which the allegations are based were committed outside the geographic confines of Saskatchewan does not mean that they cannot constitute (a) violation of the restriction on intimidation of its employees in the province," Seibel ruled.

"It is not tenable to say that an employer with its head office elsewhere cannot, by acts committed at or by that office, intimidate its employees in a different province....

"In the present case, the alleged unfair labour practice is not the Jonquiere closure per se, but, inter alia, the intimidation of the employees in Saskatchewan as a result – the closure in Quebec is merely the means by which intimidation was achieved. Accordingly, the act of closure is not the violation, but the act of intimidation is."

List of setbacks for Wal-Mart in Canada

Seibel noted in his decision means the complaint filed by the UFCW Canada can be heard in Saskatchewan. It is not a ruling on the merits of the UFCW complaint itself.

The ruling is the latest in a series of setbacks for Wal-Mart in Canada. The company recently shut down a second operation in Quebec – a tire and lube shop in Gatineau – after failing to stop a union contract from being imposed there. Meanwhile, a Supreme Court of Canada case arising from the Jonquiere closure is scheduled to be heard within months.

Wayne Hanley, president of UFCW Canada, hailed the Saskatchewan ruling.

“Wal-Mart can’t hide behind provincial borders. The company can’t pretend that when you shut a store right after the workers unionize that it doesn’t frighten other workers.... Wal-Mart continues to show across this country it has no respect for Canada’s labour laws, or the Charter rights that guarantee its workers the right to organize for collective bargaining," Hanley said.

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Wal-Mart starts link with Army Reserve

Associated Press
11.11.08                                        [back to top

BENTONVILLE, Ark. - Wal-Mart Stores Inc. has signed on to an Army Reserve program that allows the company and the Army to work together to recruit and train people interested in serving in the military and working for the giant retailer.

Wal-Mart (nyse: WMT - news - people ), the world's largest private employer, has more than 1.4 million U.S. employees.

An agreement signed Tuesday obligates Wal-Mart to interview and consider all qualified, participating soldiers for employment after they complete military occupational specialty training.

Lt. Gen. Jack C. Stultz, chief of the Army Reserve, was in Bentonville for the Veterans Day signing of the agreement.

When a reserve soldier who works at Wal-Mart is called to service, the company can draw on 1 million or so citizen soldiers to help identify a qualified replacement to work in the soldier's place. The arrangement is expected to lower costs of recruiting and training for Wal-Mart.

The Army Reserve launched the program in April and has already linked with numerous companies, including Lowell-based J.B. Hunt Transport Services Inc. (nasdaq: JBHT - news - people ), Sears Holding Corp., Manpower Inc. (nyse: MAN - news - people ) and Northrop Grumman Corp. (nyse: NOC - news - people ), among others.

The program also helps the Army find trained professionals.

"I'm honored to officially begin an enduring partnership with a company of such impressive stature, the nation's largest private employer," Stultz said. "Wal-Mart has been a great friend to the military, and I look forward to collaborating with our newest valued partner to achieve mutual goals to attract, develop and retain a quality workforce."

Wal-Mart Chief Executive Lee Scott said the agreement fits with Wal-Mart's way of providing employment.

"Our company has a longstanding commitment to providing employment opportunities in the community. We have also long recognized those who serve in the military, and it is a privilege to assist the troops and their families with this new initiative," Scott said.

Wal-Mart has taken part in a number of other military-related programs, including one to help children deal with the stress of military life and providing pre-paid phone cards to deployed troops.

Copyright 2008 Associated Press. All rights reserved.

B.C. judge hears $2B lawsuit against Microsoft, Wal-Mart over brain control

Canada.com
November 11th, 2008                    [back to top

NANAIMO, B.C. - A judge has refused to dismiss a "bizarre" civil suit brought by a Nanaimo man, who is seeking $2 billion in damages from Microsoft, Telus, Wal-Mart, the RCMP and other defendants over alleged brain-wave control, satanic rituals and witchcraft.

Justice Fraser Wilson heard from five lawyers on Monday, arguing that the case brought forward by Jerry Rose is so outrageous it should have been dismissed immediately.

Rose's claim states "that he has been subject to invasive brain computer interface technology, research, experiments, field studies and surgery" and also named the University of B.C. and the B.C. College of Physicians and Surgeons as defendants.

Jennifer Millbank, a Nanaimo lawyer hired to represent Microsoft in the case, said that Rose's two-page statement of claim is "nothing short of bizarre" and that it would be "impossible this would ever be a case for trial on the merits."

But Wilson, while admitting the case was "certainly an unusual one," said he had to be convinced there was nothing in Rose's claim that could not be litigated.

Millbank said there is no scientific evidence to prove brain control is a possibility.

"I think this is akin to someone saying they sustained injuries because their boat fell off the edge of the world," said Millbank. "My clients ought not to be subjected to what is a nuisance lawsuit."

Wilson raised the notorious case of a CIA-sponsored experiment at McGill University between 1957 and 1964 in which people without their consent were given LSD and other drugs. But Millbank said that in this case there are no material facts that a court could act upon.

Microsoft had no direct contact with Rose, and his statement of claim gives no details on how or when the defendants may have harmed him, Millbank said.

Rose, reading from a three-page statement, said the mind-control harassment continues with "brain-drain technologies" under the RCMP and tactics to prevent his case from going forward. Rose said he is asking for $2 billion because of a computer technology he invented that was stolen from him.

"I'm not a lawyer, but I have proof," said Rose.

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Circuit City files for Chapter 11 citing Best Buy/Wal-Mart competition owes!

JusticeNewsFlash.com
November 10th, 2008                        [back to top

Richmond, VA based based consumer-electronics retailer, Circuit City files for Chapter 11 bankruptcy protection today at the United States Bankruptcy Court for the Eastern District of Virginia. Circuit City executives are citing pressures from the downturn in the economy that led shoppers to cut back on discretionary purchases and competition from Best Buy Co. and Wal-Mart Stores Inc. are the top reasons for the filing of bankruptcy protection in court today.

Circuit City, a 59 year-old electronics company, has been suffering from declining sales, traffic and cash. Last week the company planned to close 255 underperforming stores in the U.S. and cut 7,300 jobs in a last-ditch effort to stay afloat. Circuit City has seen its shares tumbling 99% from a 52-week high of $8.24. The company negotiated a commitment for a $1.1 billion debtor-in-possession revolving credit line which will allow it to pay vendors and operate business as usual. The new credit line replaced its $1.3 billion asset-based credit line provided by the same lenders.

The United States recent financial sector meltdown also exacerbated Circuit City’s problems. Credit card purchases were responsible for 75% of Circuit City’s sales according to company officials. The unfortunate financial state of affairs Circuit City finds itself navigating could prove very positive for Best Buy, Wal-Mart, and Costco Wholesale Corporation according to industry observers. There are an estimated $10.5 billion of annual domestic sales up for grabs if Circuit City fails to survive. Circuit City insiders are hoping to emerge from the bankruptcy protection in the first half of 2009.

Brought to you buy Heather L. Ryan a reporter for JusticeNewsFlash.com. Justice is a web site visibility forum allowing lawyers, journalists, and other professionals the opportunity to provide breaking news to their communities using an easy to access, convenient medium. Topics include business litigation actions, employer and employment law articles, worker rights litigation, and government health and law issues.

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Bargain bin: Wal-Mart gives to Nixon — two days after election

By Jake Wagman,
STLToday.com's Political Fix
November 10th, 2008                               [back to top

Political donors will often hedge their bets by giving to both candidates in a competitive race.

But, in this month’s contest for Missouri governor, Wal-Mart found a way to make sure it was backing the winner: Wait until the polls close.

Campaign reports for Gov. elect Jay Nixon show that the retail giant gave the Democrat’s campaign $10,000 on Nov. 6 — two days after the election.

Though based in Bentonville, Ark., Wal-Mart has strong ties to Missouri — founder Sam Walton went to high school in Columbia, Mo.

However, that bit of history may not hold much sway for members of organized labor — early and active supporters of Nixon — who for years have battled Wal-Mart’s attempts to keep unions out of their stores.

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Wal-Mart, China milk firm on most-criticized list

The China Post
November 10th, 2008                       [back to top

BERLIN -- Wal-Mart Stores Inc., the world’s biggest retailer, and Fonterra Cooperative Group Ltd. have been named to a list of the largest companies most criticized for their impacts on the environment, health and communities.

Wal-Mart was blamed for contaminants found in its bottled water last month while Fonterra, a New Zealand diary, has been involved in a scandal over tainted milk in China, according to a study by RepRisk, a consulting firm that analyzes companies’ exposure to controversial issues and news.

Other companies named in the study include BP Plc, whose refinery in Indiana was singled out by the U.S. Environmental Protection Agency for higher air pollution leading to asthma and heart disease, Exxon Mobil Corp., Monsanto Co. and BAE Systems Plc

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Wal-Mart sending pre-recorded messages to cellphones

By Todd Lauren Sinclair,
What...? Blog
November 9th, 2008                    [back to top

Wal-Mart store credit card users received notice of an addendum to their agreement this month that is going to cost them money.

The addendum is basically saying that unless you opt-out they will send automated or pre-recorded messages to your cellphone whether it cost you money or not.

I’ve got a big problem with this. How can anything that is costing you money be an opt-out rather than an opt-in. Is that legal?

Who even reads those addendum’s. Even worse you have to call then to opt out … that’s pretty far down on my list of things I want to do .. right next to shoving bamboo under my fingernails ?

So if you are a Wal-Mart customer with a cellphone I have a suggestion for you … go to your Wal-Mart online account now and change your cellphone number to 866-630-2763 which is the number to call to opt-out … I guess the number for your local Wal-Mart store could be fun too.

This is the addendum they are sending!

IMPORTANT SUPPLEMENT TO YOUR ACCOUNT AGREEMENT

The following provision is being added to your account agreement:

You agree that GE Money Bank and any other owner or servicer of your account may contact you about your account using any contact information or cell phone numbers you provide (whether previously or in the future). You expressly agree to the use of any automatic telephone dialing system and/or automated or prerecorded voice when contacting you, even if you are charged for the call under your phone plan. .

The above provision will become part of your account agreement if you consent to the provision by (i) using your account more than 15 days after this notice is delivered to you or (ii) keeping your account open after January 15, 2009. If you do either of these things, we will conclude that you have consented to being contacted on your cell phone in this way. If you do not want to be contacted on your cell phone in this way, you may call us at 866-630-2763 at any time.

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Thank You, Wal-Mart, For A Cheap Christmas

By Al Norman,
The Huffington Post
November 9th, 2008                       [back to top

The headline on Wal-Mart's press release this week simply makes no sense: "Wal-Mart Backs Main Street."

After having ravaged Main Street merchants for the past 46 years, how could Wal-Mart "back" Main Street by any stretch of the imagination?

It turns out that Wal-Mart's promise is not to Main Street---but to "thousands of rollbacks...targeting the needs of American families and communities." Wal-Mart has vowed "to lead on delivering a Christmas that costs less."

Wal-Mart's PR team thought that helping "Main Street" sounded good--even though businesses on Main Street will tell you that Wal-Mart is the Grinch who stole their Christmas. This October alone, 38,000 jobs were lost in the retail sector. Those bells you hear ringing are definitely not coming from Main Street cash registers.

As part of Operation Main Street, Wal-Mart is cutting prices for the next seven weeks, with a particular focus "on the prices of items families want and need most." Wal-Mart says that shoppers will be "amazed" at the depth of their price cuts on such essential items as: Betty Crocker potatoes; a General Electric 14 speed blender; and the board game Battleship. Most American families need Battleship, and it's hard to imagine what life on Main Street is like without the Littlest Pet Shop Play Pack.

A cheap Christmas is perfectly timed for those "Wal-Mart Moms," many of whom must have voted last week for Obama. The New York Times magazine described these white woman as "slightly older and more downscale...more culturally conservative and more attuned to economics--who look most like the pivotal swing-voting bloc in 2008." If Wal-Mart Moms were supposed to pivot the election to McCain---they blew it! What has been pivotal for many of these Wal-Mart Moms is that their husbands have lost work, and the Moms themselves have had their hours cut back. Wal-Mart cannot help these families with their mortgage costs, or with their hospital and doctor bills---but the retailer is bringing down the cost of Betty Crocker potatoes.

Many Wal-Mart shoppers are working less, thanks, in part, to Wal-Mart's lack of appetite for American products, and a relentless pursuit of cheap labor in Third World sweatshops. We'll celebrate a cheap Christmas by default this year, as the American economy sours, and families cut back on their presents. If Wal-Mart were willing to be brutally honest, their Main Street press release would proclaim: "Our price rollbacks have led to American job rollbacks."

Wal-Mart's aim is to cut the cost of Christmas with "deeper values" for customers. But what Americans deeply value is a steady job at a decent wage--and those are hard to find at Wal-Mart, the nation's largest employer. GM may be laying off hundreds of workers and running out of cash, but Wal-Mart is doing its part for transportation by taking $10 off the Power Wheels Barbie Princess Lil Quad Ride-On.

So thank you, Wal-Mart, for bringing us a cheap Christmas. As America's manufacturing base hemorrhages to China, Thailand, and Vietnam, and Wall Street implodes, it's comforting to know that we can still get an 8" Home Decor Digital Picture Frame with iPod-Ready Input for only $99.

Wal-Mart, we thank you from the bottom of our Main Streets.

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Labor Wants Obama to Take on Big Fight

By KRIS MAHER,
Wall Street Journal
November 6th, 2008                  [back to top

Organized labor sees a historic opportunity with Tuesday's election and is counting on the incoming Obama administration to back its agenda in what promises to be a landmark battle with business.

At the top of labor's wish list is passage of the Employee Free Choice Act, which would make it harder for companies to fight union-organizing drives. "It is the most important issue that we have," said John Sweeney, president of the AFL-CIO.

President-elect Barack Obama has promised to fight for the legislation, but whether it is introduced in the first 100 days of his administration could signal how strongly he is aligning himself with the progressive wing of the Democratic Party, say political consultants. Moderate Democrats and those who have just won seats in traditionally Republican states are expected to argue against making the legislation an early priority.

Unions failed to get major labor legislation passed under the Carter and Clinton administrations, and union membership has declined to 7.5% of private-sector workers, from about 20% in 1980, according to U.S. Labor Department data.

After unions spent more than $400 million on the election and mounted massive voter-turnout efforts for Mr. Obama, they're inclined to push for bringing the Employee Free Choice Act up for a vote early next year, believing they have a narrow window to get it passed. They're worried other issues could emerge to eclipse the legislation, and that business would have more time to mount opposition the longer action is delayed.

"This is one the business community is united on," says Dan Yager, spokesman for HR Policy Association, a corporate lobbying group. "Now that it looks like it has a serious possibility of being enacted we think it will galvanize the community even more," he said.

The U.S. Chamber of Commerce and large employers, especially those that have resisted union organizing like Wal-Mart Stores Inc., vehemently oppose the legislation. Business groups, including the Chamber, spent a combined $50 million this year on advertising against it and say they will ratchet up ads and lobbying.

Some Democrats worry the issue could produce a divisive fight early in the Obama administration, imperiling the new president's broader agenda.

Paul Blank, a consultant who ran the United Food and Commercial Workers campaign against Wal-Mart before leaving to work for the presidential campaign of former North Carolina Sen. John Edwards, said he expects "political World War III" between labor and business over the issue.

Both sides say the legislation would lead to increased unionization. Unions say that would lift wages and help the middle class, while businesses say it could increase costs and eventually lead to widespread layoffs.

The bill would give unions -- rather than companies under current law -- the choice of having workers vote for a union by signing cards instead of through a secret-ballot election. Card-signing is preferred by unions because it can be done without an employer's knowledge. With secret-ballot elections, companies typically have months to mount an opposition.

The bill also authorizes an arbitrator to impose a first contract if a union fails to reach agreement with a company by 120 days following the union's formation. Under current law, if the two sides don't reach a contract within a year, the union typically loses its right to be the exclusive bargaining agent for the workers.

"If we're going to build a stronger labor movement and have a stronger campaign on behalf of workers, we need the passage of the Employee Free Choice Act," Mr. Sweeney said.

With Democrats failing to win a filibuster-proof 60-seat majority in the Senate, some say a compromise on the controversial card-signing provision is more likely now.

Hal Coxson, a management-side labor lawyer in Washington, said he expects the AFL-CIO to propose shortening the notice before elections to five days, which would give companies less time to campaign against a union, but allow Democrats to say they preserved secret-ballot elections. "If they overreach, they lose," Mr. Coxson said of the AFL-CIO.

Randel Johnson, vice president of labor policy for the Chamber, said he thinks unions proposed an "outrageous" bill in order to win a lesser compromise that would still be a big victory for labor. But he added, "any combination that still leaves the binding-arbitration in there would still be unacceptable to the business community."

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FDA REPORTS NATIONWIDE RECALL OF MISLABELED RELION INSULIN SYRINGES

US Fed News
November 5th, 2008                           [back to top

The U.S. Department of Health & Human Services' Food & Drug Administration issued the following press release:

The U.S. Food and Drug Administration is notifying health care professionals and patients that Tyco Healthcare Group LP (Covidien) is recalling one lot of ReliOn sterile, single-use, disposable, hypodermic syringes with permanently affixed hypodermic needles due to possible mislabeling. The use of these syringes may lead to patients receiving an overdose of as much as 2.5 times the intended dose, which may lead to hypoglycemia, serious health consequences, and even death.

The recall applies to the following lot number and product information:

* Lot Number 813900

* ReliOn 1cc, 31-gauge, 100 units for use with U-100 insulin

Only ReliOn syringes from this lot number and labeled as 100 units for use with U-100 insulin are the subject of the recall.

These syringes are distributed by Can-Am Care Corp and sold only by Wal-Mart at Wal-Mart stores and Sam's Clubs under the ReliOn name. Wal-Mart requests that all users of ReliOn 31-gauge, 1cc syringes return those labeled as 100 units for use with U-100 insulin from Lot Number 813900 to their local Wal-Mart store or Sam's Club pharmacy. Customers will be provided with replacement product.

The FDA urges patients and health care professionals to check their syringe packaging carefully for syringes labeled as 100 units for use with U-100 insulin from Lot Number 813900.

Consumers and health care professionals who suspect they have the recalled product may also contact Covidien at 866-780-5436 or www.relion.com/recall for more information.

ReliOn Insulin Syringes consist of a syringe barrel, a plunger rod, and a hypodermic needle attached to the tip of the syringe.

During the packaging process for this lot, some syringes labeled for use with U-40 insulin were mixed with syringes labeled for use with U-100 insulin, then all packaged individually and in boxes as 100 units for use with U-100 insulin.

The manufacturer has distributed 4,710 boxes in the recalled lot, which equals 471,000 individual syringes. Wal-Mart sold the syringes at Wal-Mart stores and Sam's Clubs from Aug. 1, 2008, until Oct. 8, 2008.

Tyco Healthcare Group LP (Covidien) voluntarily recalled this lot of syringes on Oct. 9, 2008, asking that any units of the affected product be removed from inventory and placed in quarantine. Wal-Mart posted the recall announcement in Wal-Mart stores and Sam's Clubs, as well as on its Web site, and sent letters to more than 16,500 customers notifying them of the recall.

The manufacturer has received one adverse report related to a syringe from this product lot.

Health care professionals and consumers may report serious adverse events (side effects) or product quality problems with the use of this product to the FDA's MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.

* Online: www.fda.gov/MedWatch/report.htm * Regular Mail: use postage-paid FDA form 3500 available at: www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787 * Fax: (800) FDA-0178 * Phone: (800) FDA-1088 Contact: Siobhan DeLancey, 301/827-6242.

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Brooklyn: Residents voice Wal-Mart concerns

By EMILY GROVES,
Norwich Bulletin
November 3rd, 2008                          [back to top

Residents crammed Wednesday’s Board of Selectmen meeting to voice opinions and ask questions about the possibility of a Wal-Mart Supercenter being built on Providence Road.

Residents spent more than an hour expressing their displeasure about the 158,000-square-foot building proposal.

“I was devastated when I heard that Wal-Mart wanted to come to Brooklyn,” resident Jeff Arends said. “I think Wal-Mart is going to destroy our small businesses. It’s just going to drive a stake into them.”

First Selectman Roger Engle told the group that selectmen have little power in the matter.

“This is a planning and zoning issue,” he told the crowd. “They make the regulations and they enforce them.”

Engle said the land Wal-Mart is eyeing for the store is zoned commercial and it’s too late to change zoning for that area. He said residents should have gone to the boards and requested changes years ago.

Residents Albert and Cheryl Sandholm, who are two of the five owners of the proposed property, said information had been kept confidential to this point because it was a private business deal.

The Sandholms said they do not approve of the personal attacks they have received through e-mails. They said they tried four years ago to change the zoning for their property to residential.

Engle said Wal-Mart will hold a community meeting Nov. 19, and promised that any information he is given by the company will be made public immediately.

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Wal-Mart eyes opportunities amid downturn

By Nicola Harrison .,
Retail Week
November 3rd, 2008                         [back to top

Chief executive Lee Scott said Wal-Mart would be taking a "thoughtfully aggressive" approach to any opportunities, which might include acquiring sites from retailers that have gone out of business. He said under these circumstances there were chances to negotiate "very good rents".

The retailer said it was looking at smaller store formats while focusing more of its efforts on online sales to drive growth, according to The Financial Times.

Wal-Mart also said it is considering moving into areas outside of pure retail, such as a long-term agreement with the US's largest online contact lens provider, 1-800 Contact.

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Wal-Mart eats grocers' lunch

By David Sterrett ,
Chicago Business
November 2nd, 2008                        [back to top

A slowing economy is boosting Wal-Mart Stores Inc.'s bid to overtake Jewel and Dominick's in the $12-billion Chicago-area grocery market. Wal-Mart's share of the local market nearly doubled over the past year as its huge new stores lured penny-pinching consumers. The gains are coming at the expense of Chicago fixtures Jewel-Osco and Dominick's, both of which are losing marketshare.

The chain's new "supercenters," selling both food and general merchandise, offer grocery shoppers savings of 10% to 15% on average, experts say, and threaten to reshape a market dominated by the grocery kingpins for generations.

"Wal-Mart is coming at Chicago full-bore, and I expect they will ramp up development and move in closer to the city," says John Melaniphy of retail consulting firm Melaniphy & Associates in Chicago. "Of course this is bad news for Jewel and Dominick's."

The Chicago area — with $11.9 billion in grocery sales last year, according to Florida-based market research firm Chain Store Guide — is critical to all three companies. Wal-Mart has 16 grocery stores in the suburbs, eight opened since August 2007.

Jewel, with more than 180 stores here, is widely considered the crown jewel of Minnesota-based Supervalu Inc.'s 2006 acquisition of former Jewel parent Albertsons Inc. Dominick's, a unit of California-based Safeway Corp., operates roughly 80 stores, all locally, and "considers itself a Chicago grocery tradition," a spokeswoman says.

The local grocers have faced discount competition before, mostly from warehouse-style retailers such as Cub Foods. But they haven't seen a rival with the scale of Arkansas-based Wal-Mart, the largest grocery retailer in the U.S.

During the recent boom years, Jewel and Dominick's lost higher-end customers to pricier chains such as Whole Foods Markets Inc. With the economy in free-fall, they now face a stronger threat at the lower end.

"Traditional supermarkets can't compete with Wal-Mart on price," says Jim Hertel of retail consultancy Willard Bishop in Barrington. "Wal-Mart definitely has got a lot of wind at their back with pricing."

Low grocery prices brought Brandon and Gina Schaal last week to a Romeoville Wal-Mart that opened in January a mile from a Jewel. A union painter, he was laid off three months ago; she's a real estate agent in Joliet. "You know how my work is going now," she says ruefully. The couple usually shops at Jewel; Mr. Schaal dislikes Wal-Mart's anti-union position.

"But coming to Wal-Mart, we can save a few bucks," he concedes as he loads groceries into their pickup. "By saving $5 or $6 on groceries, I don't have to buy cheaper beer. There are some things you just don't want to give up."

Spokeswomen for Dominick's and Supervalu decline to discuss Wal-Mart's impact on the Chicago market. But Supervalu CEO Jeffrey Noddle noted Wal-Mart's expansion here in his past two quarterly conference calls with investors.

"The fact that Supervalu mentions it says it's significant," says Mitch Corwin, an analyst in Chicago with Morningstar Inc. "Chicago is a very important market for Supervalu, and Wal-Mart's rise in the area is contributing to the company's slower sales."

Rather than sacrifice profit margins in a price war with Wal-Mart, Jewel and Dominick's are recasting some of their stores to appeal to busy professionals willing to pay more for convenience. Jewel recently opened a new "urban fresh" store in Lincoln Park offering ready-to-go-meals and organic selections, while Dominick's has remodeled half of its 80-plus area stores with a similar emphasis on what it calls a "lifestyle" layout. The upscale move comes as more consumers trim spending in anticipation of a steep recession. Chicagoans already pay some of the highest grocery prices in the country.

Wal-Mart hasn't hidden its desire to expand in the Chicago market. Resistance from unions and politicians stalled its plans to add to the one store it operates in the city, but the chain continues to build grocery outlets in the suburbs.

A spokesman says Wal-Mart will open or start construction on seven new groceries here in the next year, with more to follow. "It's a safe bet you will see more Wal-Mart stores featuring grocery in the area."

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VIDEOS

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Fighting Wal-Martization 25min. (2005)

A new video by The Labor Video Project 25 min. (2005)

Wal-Mart is now the largest private employer in the United States and has the same impact that General Motors had nearly 50 years ago. This 26-minute video shows why working people and trade unionists are fighting back and what Wal-Mart has in store for the communities it is seeking to build stores in. "Fighting Wal-Martization" is a hard hitting documentary that looks at how the constant price cutting not only drives local small businesses out of the community but how this ends up driving down the living conditions of the very people who shop at Wal-Mart. The video also looks at the healthcare crisis and how Wal-Mart increases its profits by sending it¹s employees to public hospitals to get treatment thereby shifting costs back onto the taxpayer. This video can be used at union meetings, community meetings and on cable TV to get the message out about the Wal-Martization of America and what it means to every working person.

Please mail your check of $20.00 and order form to

Labor Video Project
P. O. Box 720027,
San Francisco, CA 94172

For more info: lvpsf@labornet.org, (415) 282-1908

Wal-Mart: The High Cost of Low Prices (www.walmartmovie.com)

Independent America: The Two Lane Search for Mom & Pop (www.independentamerica.net)

Big Box Mart (www.jibjab.com)

Garth Brooks Parody (www.walmartworkersrights.org)

"Is Wal-Mart Good for America?" Frontline, PBS Video, (www.pbs.org)
 

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BOOKS

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NON-FICTION

The Case Against Wal-Mart By Al Norman Raphel Marketing ruth@raphael.com

Wal-Mart: The Face Of Twenty-First Century Capitalism Edited By Nelson Lichtenstein The New Press www.thenewpress.com

The Great Risk Shift: The Assault on American Jobs, Families, Health Care and Retirement By Jacob S. Hacker Oxford University Press www.oup.com

War On The Middle Class: How the Government, Big Business, and Special Interest Groups Are Waging War on the American Dream and How to Fight Back By Lou Dobbs Viking, a member of Penguin Group www.penguin.com

Momentum: Igniting Social Change in the Connected Age By Allison H. Fine Jossey-Bass www.joseybass.com

Big-Box Swindle: The True Cost of Mega-Retailers and the Fight for America's Independent Businesses, By Stacy Mitchell, www.beacon.org www.newrules.org

Wal-Mart: The Face Of the Twenty-First-Century Capitalism, Edited by Nelson Lichtenstein, Published by The New Press www.thenewpress.com

 The Bully Of Bentonville - How the high cost of Wal-Mart's Everyday Low Prices is Hurting America, By Anthony Bianco, Published by Doubleday
Email: specialmarkets@randomhouse.com

 How Wal-Mart is Destroying America (and the world), By Bill Quinn, Published By Ten Speed Press, Box 7123, Berkeley, CA 94707, www.tenspeed.com (pp. 163)

Slam Dunking Wal-Mart, By Al Norman, Published By Raphel Marketing, 12 S. Virginia Avenue, Atlantic City, New Jersey 08410, www.sprawl-busters.com (pp. 237)

The Great American JobsScam, By Greg LeRoy, Published By Barrett-Koehler Publishers, Inc., 235 Montgomery Street, Suite 650, San Francisco, CA 94104-2916, www.bkconnection.com (pp. 257)

Nickel and Dimed, By Barbara Ehrenreich, Published By Henry Holt and Company, LLC, 115 West 18^th Street, New York, NY 10011, www.henryholt.com (pp.221)

United States of Wal-Mart, By John Dicker, Published By Jeremy P. Tarcher (Penguin Group usa), www.us.penguingroup.com (pp.257)

The Wal-Mart Effect, By Charles Fishman www.penguin.com

Megamall On The Hudson, By David Porter and Chester L. Mirsky www.trafford.com

FICTION

Death By Discount, By Mary Vermillion, Published By Alyson Publications, P.O. Box 4371, Los Angeles, CA 90078-4371, www.maryvermillion.com (pp. 275)