United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc.

Janet K. Moore, Special Justice,

dissenting. I respectfully dissent from today’s decision. I would uphold the circuit court’s finding of civil trespass and irreparable harm as well as issuance of the temporary injunction.

Wal-Mart has a no-solicitation policy posted at the entry of every store. The UFCW instituted a nationwide “blitz” of WalMart stores for the sole purpose of soliciting union membership inside Wal-Mart stores. It is undisputed that Wal-Mart allows solicitation for union memberships on its parking lots and the solicitation policy applies only to entry inside Wal-Mart’s stores.

In…