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

Summary

The Supreme Court of Arkansas reversed a permanent nationwide injunction barring United Food and Commercial Workers representatives from entering Wal-Mart properties to solicit and distribute union information. The court held that Wal-Mart failed to demonstrate irreparable harm, a required basis for injunctive relief, and therefore did not address the propriety of the nationwide injunction or the underlying trespass issue. Separate opinions concurred in the result or dissented, primarily addressing the nationwide scope of the injunction and the evidence of trespass and irreparable harm.

Holdings

1. Wal-Mart failed to show irreparable harm. The evidence of limited solicitation activity, compliance with requests to leave, lack of customer complaints, and increased sales did not establish a threat of recurrent harm that could not be adequately compensated by money damages or redressed in court.
2. The chancery court abused its discretion by issuing the injunction because Wal-Mart failed to establish irreparable harm. The court therefore reversed and remanded without reaching the propriety of the nationwide scope of the injunction or the remaining injunction factors.

Questions Presented

1. Whether Wal-Mart established irreparable harm sufficient to support a permanent injunction against UFCW's entry into Wal-Mart properties for solicitation and distribution of union information.
2. Whether the chancery court abused its discretion in issuing the injunction.

Disposition

reversed_and_remanded