The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union

摘要: Having saturated the less populated heartland of America, Wal-Mart is carrying its supercenter expansion program to major urban areas. supercenters merge discount retail with full service grocery stores under same roof. Because compete head-on unionized supermarkets, they place downward pressure on worker wages. The United Food and Commercial Workers, largest representative workers, has joined other critics at city halls across country in using zoning laws restrain Wal-Mart's program. A smattering lawsuits ensued, more are sure follow. This paper describes types anti-superstore ordinances favored by UFCW, legal objections can expect be raised against them. At top checklist equal protection, pre-emption National Labor Relations Act, prohibitions use regulate economic competition. Anticipating these objections, UFCW allies make a public record sufficient insulate virtually any ordinance from being invalidated court. But this cannot accomplished easily or inexpensively, because enacting jurisdictions wanting avoid remand will need commission studies fit claimed rationales for laws. Market impact assessments sensitive local trade area almost always required, handful states, including New York California, so environmental reports. If their chain find effort too costly cumbersome, may wish consider extending "living wage" controls move likely resisted political arena than blocked courts.