Nov 10, 2015 - However, that right does not extend to trespass on Walmart's private property. Please act accordingly. Ki
Steven D. Wheeless 602 257 5234
[email protected] 201 East Washington Street Suite 1600 Phoenix, AZ 85004-2382 602 257 5200 main www.steptoe.com
November 10, 2015 VIA FEDERAL EXPRESS, EMAIL, & FACSIMILE Nicholas W. Clark, Esq. General Counsel United Food and Commercial Workers Union (UFCW) OURWalmart 1775 K Street NW Washington, DC 20006 Fax: (202) 728-1803
[email protected] Re:
Nationwide: No Trespass Notice
Dear Mr. Clark: Steptoe represents Walmart Stores, Inc. and its subsidiaries and affiliated entities in the United States (collectively “Walmart”) for purposes of this No Trespass Notice and any related legal action. Please direct questions to me. We understand from public sources that a group calling itself Organization United for Respect at Walmart (sometimes known as “United4Respect” or “Help Change Walmart” or “Making Change at Walmart”) or other labor organizations or community groups intend to stage one or more demonstrations on Walmart private property in the coming months with assistance from and/or participation by your organization. This letter constitutes formal, written notice that non-Walmart associates acting in concert with or under or in response to the direction, control, or inducement of you or your (or your organization’s) non-associate agents, employees, representatives, allies, or affiliates (collectively, “You”) shall not enter inside any Walmart facility or onto the apron sidewalk or adjacent parking lot of any Walmart facility in the country where Walmart owns or controls the property1 to engage in any non-shopping activity of any type (absent prior, express, written permission from Walmart), including, but not limited to, picketing, patrolling, parading, petitioning, handbilling, soliciting, chanting, “flash mobs,” manager delegations, prayer vigils, sit-ins, customer or associate “information” discussions, or any other labor-related activity at any time. This prohibition applies to non-shopping activity inside Walmart facilities in California, but not exterior areas.
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You may contact me for information regarding any particular Walmart site.
8622556
Walmart will not tolerate such unlawful trespasses. When faced with unlawful trespasses in the past, Walmart filed time-consuming and expensive civil litigation against the offending parties and obtained continuing Court injunctions prohibiting such unlawful trespasses in Arkansas, California, Colorado, Florida, Maryland, Ohio, and Texas. You may review those injunctions via Court-ordered links on an OURWalmart website (forrespect.org). Please avoid Contempt-of-Court litigation by complying with those Court Orders. Likewise, ensure that You notify all non-associates solicited by you to participate (or participating with you) in any nonshopping activity of the Court Orders. Additionally, as part of Your obligation to avoid unlawful trespass, You should specifically inform all non-associates solicited by you to participate (or participating with you) in any non-shopping activity that they cannot “meet” or “congregate” on Walmart’s private property before any planned non-shopping activity (as well as during or after). Please understand that Walmart’s license for the general public to shop at its stores does not include any license for non-associates to engage in the disruptive labor-related activities described above. Given public information linking your organization to those who engaged in repeated, flagrant, and highly-disruptive unlawful trespasses in the past, Walmart expressly and immediately revokes Your license to enter onto or inside Walmart’s property to engage in any non-shopping activity of any type (absent prior, express, written permission from Walmart), including, but not limited to, the aforementioned labor-related activities, and failure to comply with this prohibition shall constitute immediate trespass. An unlawful trespass will occur in the event You engage in any non-shopping activity on Walmart property (absent prior, express, written permission from Walmart) without the need for any further “on-site” or “in person” revocation. In the event of such trespass, Walmart reserves all rights to pursue legal liability against You – as it has repeatedly done in the past in response to unlawful trespasses – to protect Walmart’s associates, customers, and business operations. Walmart associates may engage in non-disruptive labor-related activity during the times and in the locations described in Walmart’s Solicitation and Distribution of Literature Policy and as set forth in applicable law. Please help avoid unnecessary and expensive litigation by ensuring compliance with the foregoing Notice. Walmart recognizes the public’s right to engage in peaceful, non-blocking demonstrations on public property in accordance with applicable laws and ordinances. However, that right does not extend to trespass on Walmart’s private property. Please act accordingly.
Kind Regards,
Steven D. Wheeless Walmart Counsel SDW:ea
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