October 2012, Week 4


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Portside Labor <[log in to unmask]>
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Portside Labor <[log in to unmask]>
Mon, 22 Oct 2012 22:52:57 -0400
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(1) More on Wal-Mart
(2) Funeral Arrangements for Jerry Tucker

Wal-Mart Stores Hit by Lawsuit That Alleges it Broke
Overtime Laws With Temp Agency

By Associated Press 
Updated: Monday, October 22, 6:19 PM


NEW YORK -- Wal-Mart Stores Inc. is being slapped with
a lawsuit that claims that the world's largest retailer
and its staffing agencies broke federal minimum wage
and overtime laws by requiring temporary workers to
appear early for work, stay late to complete work and
work through lunches and breaks without compensation.

According to the proposed class action suit that was
filed Monday in the U.S. District Court of Illinois
Eastern Division, Labor Ready and QPS, two of the
staffing agencies that the discounter used in the
Chicago area, failed to provide workers assigned to the
Wal-Mart stores with required employment information.

The suit also claims that Wal-Mart itself failed to
keep accurate records of workers' time. That has made
it difficult for workers to make claims that they were
not paid by the temporary agencies for all hours
worked. The suit also claims that the discounter and
its staffing agencies also failed to pay the plaintiffs
and others in similar situations a minimum of four
hours pay on days when they were contracted for work,
but not used for a minimum of four hours as required by
Illinois law. That prevented the workers from looking
for other jobs.

"I only get paid minimum wage and yet Labor Ready and
Wal-Mart still try to cheat me by not paying me for the
time I actually work," said Twanda Burk, the primary
plaintiff on the lawsuit. "I've proven that I'm a good
worker, and they just want to take advantage of that."

According to information provided by the United Food
and Commercial Workers International Union in a press
release promoting the legal action, the alleged
violations occurred beginning in early 2009 and
continue up until the present time.

The suit seeks all unpaid wages for the workers and
calls for an injunction against Wal-Mart and its
temporary agencies preventing them from future
violations of state labor laws.

Dan Fogleman, a Wal-Mart spokesman, said that the
company is still reviewing the complaint but that based
on the release sent out Monday by the union group one
thing is clear: "This litigation is being driven by the
same union organizations that have been
mischaracterizing several issues about Wal-Mart and are
more concerned with creating publicity than with
improving workers' rights."

He continued, "We are committed to ensuring that anyone
working in our stores -- whether they're employed by
Wal-Mart or in this case, a temporary staffing agency
-- is treated appropriately and compensated fairly for
every hour they work."

Diane Gadzalinski, QPS's director of human resources,
said she is currently reviewing the matter. Labor Ready
didn't immediately respond to requests for comment.

The suit comes just after Wal-Mart faced a worker
walk-out earlier this month ahead of its annual
investor meeting that expanded to about dozen states.
Still, the number of employees involved was less than
200, according to union officials. That's a tiny
fraction of Wal-Mart's U.S. workforce of 1.3 million
workers at its namesake division. A group called
Organization United for Respect at Walmart, or OUR
Walmart, organized the walk-outs. The organization,
which is made up of current and former Wal-Mart
workers, is backed by the United Food and Commercial
Workers International Union.

OUR Walmart, which is pressing for better working
conditions, is organizing a group of Wal-Mart workers
to walk out from their jobs on the day after
Thanksgiving, the busiest day of the year.

Shares of Wal-Mart ended regular trading up 3 cents at
$75.65 Monday, close to the top of its 52-week range of
$55.68 and $77.60. Shares have risen 26 percent since
the beginning of the year amid a rebounding business in
its U.S. namesake division.


Funeral Arrangements for Jerry Tucker
Sent to Portside Labor by Mark Dudzic

Dear Friends,

Our family thanks you for your kind thoughts, loving
recollections and sentiments about our Dad, Jerry. 
Your words have warmed our hearts and brought us solace
during this difficult time.

We wanted to share with you the arrangements for his
funeral for those who expressed interest.  Feel free to
share with others.

All of the details can be found on the following
website: http://www.archwaychapel.com/  
under "Recent Obituaries: Jerry Tucker" 

Funeral Arrangements for
Jerry R. Tucker Visitation -  
Tuesday, October 23, 2012
4:00 pm - 8:00 pm

Archway Memorial Chapel 
111 Taylor Road 
Hazelwood, MO 63042


Funeral Service - Wednesday, October 24, 2012

10:30 am

Christ Our Redeemer, A.M.E. Church 
13820 Old Jamestown Road 
Blackjack, MO 63033


There will be a repast immediately following the
funeral service held at the Church.

Following the repast, we will proceed to the burial
site at Valhalla Cemetery located on St. Charles Road
in St. Louis, MO.  The day's services will conclude at
3:00 pm.


Hotel and Travel Arrangements:

For anyone travelling from out of town, there are
several hotels located near Archway Memorial Chapel.

1.      La Quinta Inn & Suites - 318 Taylor Road,
Hazelwood, MO 63042, 314-731-4200 (located on the same
street as the funeral home.) 

2.      Comfort Inn & Suites - 7133 Douglas Palmer 
Place, Hazelwood, MO 63042, 314-895-4466 (ask about 

3.      Double Tree Club St. Louis Airport - 
9600 Natural Bridge Road, St. Louis, MO 63134, 

In Solidarity and Love,

Elaine, Nicole, Tracy Tucker and Cynthia Donaldson
(Jerry's wife and daughters)

(314) 968-5534


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