posted on November 1, 2005 10:34:28 AM
AGAIN AS LONG AS THE MONEY FLOWS THEIR WAY. BUSH AND MEMBERS OF HIS CON-SERVATIVE BASE TURN A BLIND EYE TO INJUSTICE.
Labor Dept. Is Rebuked Over Pact With Wal-Mart
New York Times
By STEVEN GREENHOUSE
Published: November 1, 2005
The Labor Department's inspector general strongly criticized department officials yesterday for "serious breakdowns" in procedures involving an agreement promising Wal-Mart Stores 15 days' notice before labor investigators would inspect its stores for child labor violations.
The report by the inspector general faulted department officials for making "significant concessions" to Wal-Mart, the nation's largest retailer, without obtaining anything in return. The report also criticized department officials for letting Wal-Mart lawyers write substantial parts of the settlement and for leaving the department's own legal division out of the settlement process.
The report said that in granting Wal-Mart the 15-day notice, the Wage and Hour Division violated its own handbook. It added that agreeing to let Wal-Mart jointly develop news releases about the settlement with the department violated Labor Department policies.
The inspector general, Gordon S. Heddell, said the agreement did not violate federal laws or regulations.
The Labor Department reached the settlement in January after finding 85 child labor violations at Wal-Mart stores in Connecticut, New Hampshire and Arkansas, involving workers under 18 who operated dangerous machinery, including cardboard balers and chain saws.
Wal-Mart settled the investigation by agreeing to pay $135,540, but it continued to deny any wrongdoing.
In addition to allowing the 15-day notice, the agreement lets Wal-Mart avoid civil citations and fines if it brings a store into compliance within 10 days of when the department notifies it of a violation.
In exchange for these concessions, the inspector general wrote, there was "little commitment from the employer beyond what it was already doing or required to do by law."
"In our view," the inspector general's office wrote about the Wage and Hour Division, "the Wal-Mart agreement may adversely impact W.H.D.'s authority to conduct future investigations and issue citations or penalty assessments, and potentially restrict information to the public."
Responding to its inspector general, the Labor Department said it "strongly disagrees with the report's overall characterization of the effectiveness of the Wal-Mart child labor settlement agreement."
The department said the inspector general had wrongly given the impression that Wal-Mart had been permitted to avoid all penalties for violations of wage and hour laws by bringing its stores into compliance.
Even though department officials asserted that the agreement was much like that with other companies, Mr. Heddell found that the agreement between Wal-Mart and the Wage and Hour Division "was significantly different from other agreements entered into by W.H.D." and "had the most far-reaching restriction on W.H.D.'s authority to conduct investigations and assess" fines.
Representative George Miller, the California Democrat who asked the inspector general to investigate the settlement, said the report showed that the Bush administration was seeking to do favors for a powerful friend and a major Republican contributor in Wal-Mart.
"The Bush Labor Department chose to do an unprecedented favor for Wal-Mart, despite the fact it is well known for violating labor laws, including child labor laws," Mr. Miller said. "The sweetheart deal put Wal-Mart employees at risk, undermined government effectiveness, and further undermined public confidence that the government is acting on its behalf."
Mr. Heddell said he did not find that the agreement resulted from improper pressures. "Nothing came to our attention indicating evidence of influence or pressure from internal or external sources," he wrote.
Martin Heires, a Wal-Mart spokesman, said, "We think it's important to note that the inspector general's office found that the agreement is in compliance with federal law."
"We continue to believe the agreement was the appropriate course of action," he added. "Our goal remains to make sure that our stores are in full compliance in that our associates are fully informed of all policies, regulations and laws that apply to the employment of workers who are 16 and 17 years of age."
The inspector general recommended that the Wage and Hour Division develop procedures for developing and approving agreements and require that all future settlements be developed in coordination with the department's legal division.
The department said that it had developed a new policy on reaching settlements that, it was confident, would carry out the inspector general's recommendations.
The Labor Department said that the advance notification provisions applied only to child labor matters. But the inspector general voiced concern that "the plain language of the advance notification clause applies to any potential violations, not just child labor violations." Department officials say that giving 15 days' notice helps to ensure that Wal-Mart will come into compliance.
The department denied the inspector general's suggestion that it had consulted with Wal-Mart before issuing a news release on the settlement. The department took the unusual action of announcing the agreement a month after it was signed, doing so only after some details were leaked to a newspaper.
The report said: "The inspector general has specific concerns with the Wal-Mart agreement because it contained significant provisions that were principally authored by Wal-Mart attorneys and never challenged by W.H.D., and because it did not receive adequate W.H.D. review and approval."
ANOTHER REASON TO SEND CON-SERVATIVE LAWMAKERS HOME IN 2006. IF NOT WE WILL GET MORE OF THIS.
posted on November 1, 2005 10:43:51 AM
What's Big Business Doing Under This President?
GROWING our economy, QUITE NICELY, AS A MATTER OF FACT.
Again, you need to read the last quarter's report on just how well our economy IS doing, even with the additional expense of the hurricanes and relief.
INFORM YOURSELF PEEPA..... to the REALITY of what is ACTUALLY going on, rather than continuing to speak from a position of TOTAL ignorance.
"Whenever the nation is under attack, from within or without, liberals side with the enemy. This is their essence." --Ann Coulter
And why the American Voters chose to RE-elect President Bush to four more years. YES!!!
posted on November 1, 2005 11:00:14 AM
Well, Linda, it's no surprise that a Repug like you doesn't care HOW the economy is grown...even if it's on the backs of children.
I think you've made it clear how you feel about caring for children...you don't.
posted on November 1, 2005 12:53:12 PM
"Well, Linda, it's no surprise that a Repug like you doesn't care HOW the economy is grown...even if it's on the backs of children.
I think you've made it clear how you feel about caring for children...you don't."
posted on November 1, 2005 01:07:51 PM
I love children too, Colin.
And the working young kids, teenagers are and have always wanted to work. Each state has their own 'child labor laws' that govern the rules for workings kids.
And on our unemployment government site....the Dept. of Labor....teenagers are one of the groups with [last time I looked] 17% unemployment rate.
But of course, the Bush haters will blame everything on him. Wouldn't expect anything different. That's why the Republicans keep getting elected. The majority of America voters CAN see how the liberal/Bush-hating wackos think. They don't deal in reality.
"Whenever the nation is under attack, from within or without, liberals side with the enemy. This is their essence." --Ann Coulter
And why the American Voters chose to RE-elect President Bush to four more years. YES!!!
posted on November 1, 2005 01:10:11 PM
LInda - Normally I think Peepa is often way off base in his indictments of big business but just out of curiosity - what does agreeing to give 15 days advance notice of inspections of a habitual offender and allowing their lawyers draft the agreement without consultation from the departmental legal team have to do with the GNP or state of the economy?
This article was about blatant catering to a corporation that has repeatedly shown indifference to laws since they make more breaking them then the fines they pay when they are caught.
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An intelligent deaf-mute is better than an ignorant person who can speak.
