United Food & Commercial Workers International Union v. Wal-Mart Stores Inc. (Majority, with Concurring and Dissenting)Annotate this Case
Defendants in this case included a Union, a subsidiary of the Union, and John Does (collectively, Defendants) who conducted demonstrations to help current and former Walmart employees on issues related to their employment. Walmart filed a complaint in the circuit court alleging trespass and seeking injunctive and declaratory relief. The circuit court found that Walmart had met the requirements for a permanent injunction and a declaratory judgment. The injunction prohibited any non-employee defendant from engaging in any non-shopping activities on Walmart’s private property in Arkansas, and the circuit court declared that Defendants’ entrance onto Walmart private property for non-shopping purposes constituted a trespass. The Supreme Court affirmed as modified, holding (1) the National Labor Relations Act does not preempt Walmart’s trespass lawsuit; (2) the circuit court did not err in enjoining Defendants from entering parking lots and sidewalks that Walmart does not hold the right to exclusively possess; and (3) the injunction and declaration are overly broad as to their scope in that they prohibit “all non-shopping activity,” and the circuit court’s order is modified to limit the scope of the order to those activities that were proven by Walmart to cause irreparable harm.