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What's next for fight between Walmart, employees?

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    Legal panel weighs in

  • Duration 5:46
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Black Friday strikes five groups of Wal-Mart employees demanding better pay.

Better benefits went as planned across some of the stores across the country today this despite legal action taken by the company.

To try and stop its non unionized workers from walking off the job so -- today's strikes legal we'll mall Wal-Mart retaliated what is next in this struggle between.

The huge retail giant and its employees Richard Roth -- -- defense attorney.

Greg GM for Carlo is also an attorney John good to see you both -- To talk to -- Richard about sort of build the legal aspects of this what -- Wal-Mart saying.

It's these or these protests by these non union members is really being organized.

And the underground base of the entire movement is by the union and they went in last week on the sixteenth last Friday.

To the National Labor Relations Board to say wait a minute the union is organizing a protest against us we are not union does not allow -- -- enjoy going to stop.

All these people from going ahead and actually protesting and demonstrating it and partitioning and trespassing on.

Our property.

We're waiting to hear Gregg from and National Labor Relations Board and they were supposed to have issued.

Their decision today and now we understand from James Rosen is reporting that it's going to be a little while until we hear from them -- Wal-Mart had a case.

They may essentially what they're doing is Wal-Mart is saying look we are stepping in because this is -- -- to work state.

There are right to work states and there are app will -- what that -- right in -- right to work state.

An employee is not obligated to join a union and -- Wal-Mart can step in and say hey listen.

We are.

We don't Wear on the employees -- and what's happening here is the union is trying to force our employees to join the union if that's what they're trying to do and they can get away with it.

Then they may be -- then.

The unions -- be in joint but frankly under these circumstances.

I mean it could very well -- shown that the employees.

Because of the certain situations out Wal-Mart want to join unions and if that's the case then that Wal-Mart may have a very tough problem.

I -- -- -- and that what would happen Richard then let's say the board rules in favor of these striking workers this is a company that is famous.

For really not having -- union members in its ranks what happens if this ruling comes down in favor of the workers.

-- a very good question isn't going on now for two years and -- finally had taken out to take the offense and say wait a minute this is really subterfuge a pretext by the unions.

If they lose and it's a very hard thing to win if they lose that it's only to -- the union strength it's gonna give the workers shrank and what the union will try to do.

Is essentially assemble these workers and have a Wal-Mart -- -- union.

Company it is a big risk for Wal-Mart and the reason why the NLRB didn't render decisions today it's because they said wait a minute we're talking about a monumental change in the in Wal-Mart and its employees if in fact no matter how we go so what they did was they actually -- NLRB in Memphis actually said we're giving it to Washington.

And the -- of the General Counsel will render decision next week.

Arm after they've had all the evidence so there's a lot of -- if you will reviewing documents going on in the NLRB.

And -- they understand the weight and the -- this of this decision.

And how does this work Greg if -- if there's a ruling do do does the losing side get a chance to appeal here or is this ruling sort of -- that's it.

Well I think they would get it obviously get a chance -- appeal but Richards what right.

They have to concern themselves with the public relations aspect of this kind of soon as well so there's that kind of component here.

Let's just talk about Wal-Mart for a second because a lot of folks would say you know what it's because this is a company that's been so successful.

At keeping its costs down.

As it relates to its employees.

Its overhead.

That that's the reason.

Why Richard they're able to keep their prices so low which of course everybody gets to enjoy.

Well -- that may be some truth of that however Wal-Mart is not the only non unionized.

Large company that -- that offers retail has department stores.

So I don't know -- necessarily one it goes with the other Wal-Mart is known for having low prices is known for giving its cost down.

But -- are many other stores so -- JC Penney still with -- except eccentric so.

It doesn't necessarily going hand in hand on one thing is for certain is that if the union comes in.

And he -- then the remains to be seen but presumably they will.

Well that's the way it works I mean of the caucuses if they have because -- -- the company goes up those costs are then passed on -- EU in May and everybody else is going shopping you have for the holidays this season.

And that could have a really tough effect on the economy.

As a whole which -- and let's just sort of talk about this real quickly before we wrap things up a lot of people are saying that.

You know -- economy like this these workers who are striking a Wal-Mart stores.

-- probably should be more concerned with holding on to their -- to be grateful to have a job Greg as opposed to going out and trying to you know take off their bosses.

Well they should but in the I guess it depends I mean.

What could be said here is Wal-Mart is trying trying to union -- And Wal-Mart really it if that's the perception that Wal-Mart may have problems on that and as well.

I mean there are a lot of people that a lot of customers that Wal-Mart has.

Who believe in the unions and I think that wal -- concerned about them as well.

Well we'll wait to see what happens when the ruling comes down next week in the meantime gentlemen thanks so much.

For coming on to help us sort through all of this Richard Roth and Greg GM for car nice to see you both thanks so much gentlemen paid -- much.