UBS faces $1.6 billion fine over Libor rigging: paper






ZURICH (Reuters) – UBS faces a fine of 1.5 billion Swiss francs ($ 1.63 billion) to settle interest rate rigging charges, a Swiss newspaper reported on Saturday.


Citing unnamed sources, Tages-Anzeiger daily said the bank would admit 36 traders around the globe manipulated yen Libor between 2005 and 2010. A UBS spokesman declined to comment.






People familiar with the matter told Reuters on Friday UBS could reach a $ 1-billion-plus settlement and admit to criminal wrongdoing by its Japanese arm, where one of its traders manipulated yen Libor and euroyen contracts.


Between 25 and 30 people have left UBS over the matter, the sources said. The Swiss bank had hoped for a softer touch from regulators by cooperating in industry-wide probes and was surprised by the size of the expected settlement, they added.


A 1.5 billion franc settlement would be the biggest ever paid by the bank, recovering from a $ 2.3-billion trading fraud by London-based trader Kweku Adoboli for which it was fined 30 million pounds ($ 48.36 million) last month.


A settlement would make UBS the second major bank to be sanctioned for its role in the Libor scandal. Britain’s Barclays paid a $ 450 million fine in June.


Libor is the rate used as a benchmark for pricing trillions of dollars worth of financial instruments and contracts around the globe. Tiny shifts in the rate, compiled from daily polls of bankers, could benefit dealers in complex products.


HEADING FOR LOSS


Tages-Anzeiger said the fine, together with restructuring charges of 500 million francs from plans to cut 10,000 staff as UBS winds down its fixed income business, would probably push the bank to a fourth-quarter loss.


UBS had already said costs related to the investment banking overhaul would lead to a fourth-quarter and full-year loss after it posted a third-quarter net loss of 2.172 billion francs. It is due to publish full-year results on February 5.


By admitting to a charge against its Japanese subsidiary, UBS would stop short of admitting wrongdoing at a group level, which could be fatal for a bank as it could lose its license.


Chairman Axel Weber, who joined UBS this year after stepping down as head of the German central bank, has been on a whirlwind diplomatic tour over the probe, the Tages-Anzeiger reported.


Swiss newspapers noted that Mark Branson, now responsible for overseeing big banks for Swiss financial markets regulator Finma, was chief executive of UBS Japan at the time of the alleged rate rigging.


A Finma spokesman said Branson had removed himself from Finma’s investigation into Libor to avoid any appearance of conflict of interest but declined to comment further.


In 2009, UBS paid $ 780 million to settle a messy U.S. investigation into tax evasion by admitting it had helped wealthy Americans evade and cheat on their taxes. ($ 1 = 0.9218 Swiss francs) ($ 1 = 0.6204 British pounds)


(Reporting by Emma Thomasson; editing by Jason Webb)


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Top Canada court upholds anti-terrorism law in unanimous ruling






OTTAWA (Reuters) – Canada‘s Supreme Court on Friday upheld an anti-terrorism law enacted after the September 11, 2001, attacks on the United States, ruling unanimously that those who choose to engage in terrorism must “pay a very heavy price.”


The law’s constitutionality was challenged by Mohammad Momin Khawaja, convicted in Canada of terrorism for involvement with a British group that had plotted unsuccessfully to set off bombs in London.






It was also challenged by two men accused of terrorism by the United States for trying to buy missiles or weapons technology for the Sri Lankan Tamil Tigers.


The court rejected arguments that the law’s definition of terrorism was overly broad. It upheld Khawaja’s life sentence and confirmed the orders to extradite the other two to the United States.


Khawaja, a Canadian of Pakistani descent, was the first to be convicted under the law. He was sentenced in 2008 to 10-1/2 years in prison, and his sentence was then extended to life after appeal by the government.


The trial judge noted that Khawaja referred to Osama Bin Laden as “the most beloved person to me in the … whole world, after Allah.” He was found to have participated in a terrorism training camp in Pakistan and to have designed a device dubbed the “hi fi digimonster” for detonating bombs.


“The appellant was a willing participant in a terrorist group,” Supreme Court Chief Justice Beverley McLachlin wrote in the 7-0 decision, adding that he was “apparently remorseless.”


“He was committed to bringing death on all those opposed to his extremist ideology and took many steps to provide support to the group. The bomb detonators he attempted to build would have killed many civilians had his plans succeeded.”


The law applies to any act committed for a political, religious or ideological purpose with the intention of intimidating the public by causing death or serious bodily harm, or substantial property damage, or causing serious interference with an essential service.


The court also ruled that Canada can proceed to extradite two men the United States has accused of involvement with the Tamil Tigers, which waged a bloody war for independence in Sri Lanka and is considered a terrorist organization by Washington and Ottawa.


The Canadian government declined to comment on when they would be extradited.


Piratheepan Nadarajah was alleged to have tried to purchase surface-to-air missiles and AK-47 assault rifles for the Tamil Tigers from an undercover officer posing as a black-market arms dealer on Long Island, New York.


The other man, Suresh Sriskandarajah, was alleged to have helped Tamil Tigers get electronic equipment, submarine and warship design software and communications equipment.


They surrendered to the government ahead of the court decision, their lawyers said.


BEYOND ‘LEGITIMATE EXPRESSION’


The court disagreed that the federal law’s terrorism provisions had put a chilling effect on Canadians’ freedom of expression and was disproportionately broad.


“Only individuals who go well beyond the legitimate expression of a political, religious or ideological thought, belief or opinion, and instead engage in one of the serious forms of violence – or threaten one of the serious forms of violence – listed (in the law) need fear liability under the terrorism provisions of the Criminal Code,” McLachlin wrote.


She quoted with approval the appeals court decision in the Khawaja case that faulted the Ottawa trial judge’s sentence for failing to send a “clear and unmistakable message that terrorism is reprehensible and those who choose to engage in it will pay a very heavy price.”


The original sentence of 10-1/2 years does “not approach an adequate sentence for such acts,” she concluded.


Khawaja’s lawyer, Lawrence Greenspon, said it was a “terrible day” for his client and said too often people were investigated or prosecuted for their religious or political beliefs.


“It’s a … very unfortunate ruling for minorities in this country, and we’re extremely disappointed with the result,” he told reporters in the foyer of the Supreme Court.


Justice Minister Rob Nicholson said the decision was important as Canada was not immune to the threat of terrorism. “The court sent a strong message that terrorism will not be treated leniently in Canada,” he said.


The cases are Mohammad Momin Khawaja v. Her Majesty the Queen. (Ont) (34103); Suresh Sriskandarajah v. United States of America, Minister of Justice and Attorney General of Canada (34009), Piratheepan Nadarajah v. United States of America, Minister of Justice and Attorney General of Canada (34013).


(Additional reporting by Louise Egan; Editing by Jackie Frank and Xavier Briand)


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RIM shows how BlackBerry 10 touch screen keys could rival its traditional keyboards [video]






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“Bennifer” buried as Ben Affleck’s star soars






LOS ANGELES (Reuters) – It has taken 10 years of hard work and indie movies, but Ben Affleck finally has moved past his “Bennifer” nightmare.


Affleck, 40, once a tabloid staple who risked becoming a laughingstock during his romance with Jennifer Lopez and their movie flop “Gigli,” is back on top in Hollywood, winning accolades for his work both in front of and behind the camera.






Fifteen years after Affleck shared an Oscar with Matt Damon for their first screenplay, “Good Will Hunting,” buzz is building over a likely second Academy Award nomination next month. It would be Affleck’s first since 1997.


“Finally, people now are ready to go, ‘Wow! He’s at the very top of the food chain,’” Damon told Reuters.


Affleck’s latest film “Argo,” a part-thriller, part-comedic tale of the real-life rescue of six American diplomats from Iran in 1980, this week picked up five Golden Globe nominations and a nod from the Screen Actors Guild for its top prize of best ensemble cast.


The film, which Affleck directed, produced and stars in, has also delighted critics and brought in some $ 160 million at the worldwide box office.


In “Argo,” Affleck’s clean-cut looks are hidden under a long, shaggy 1970s hair cut and beard as he plays CIA officer Tony Mendez, who devised a fake film project to spirit six hostages out of Tehran after the Islamic revolution.


The kudos Affleck is now receiving follows the embarrassing headlines he attracted over his 2002-2004 romance with Lopez.


“It was tough to watch him get kicked in the teeth for all those years because the perception of him was so not who he actually was,” Damon said.


“It was upsetting for a lot of his friends because he’s the smartest, funnest, nicest, kindest, incredibly talented guy. … So that was tough. Now I’m just thrilled. … He deserves everything that he’s going to get,” he added.


With a huge, pink diamond engagement ring for Lopez and gossip about matching Rolls Royces, the pair dubbed “Bennifer” starred in the 2003 comedy romance “Gigli,” which earned multiple Razzie awards for the worst comedy of the year.


SELLING MAGAZINES NOT MOVIES


Damon, by contrast, was seeing his career surge with “The Bourne Identity,” “Syriana” and “The Departed.” But he recalls Affleck’s pain.


“He said (to me), ‘I am in the absolute worst place you can be. I sell magazines, not movie tickets.’ I remember our agent called up the editor of Us Weekly, begging her not to put him on the cover any more. Please stop. Just stop,” Damon said.


About a year after splitting with Lopez, Affleck married actress Jennifer Garner, had the first of three children with her, and started writing and directing small but admired movies like “Gone Baby Gone” in 2007 and 2010′s gritty crime film “The Town.”


Last month, Affleck was named Entertainment Weekly’s entertainer of the year, largely on the back of “Argo.”


The actor-turned-director said that managing the various tones of the film was his hardest challenge.


“I had to synthesize comedic elements and the political stuff and this true-life drama thriller story. … It was scary and it was daunting,” Affleck told Reuters, saying he powered through by “overworking it by a multiple of ten.”


A trip to the Oscars ceremony in February is now considered a shoo-in by awards pundits, but Affleck is not convinced that success is sweeter the second time around.


“It’s harder. On the one hand, coming from obscurity, you have a neutral starting place. Because of the tabloid press and over exposure, I was starting from a deficit,” he said.


“It can be very unpleasant to be in the midst of a lot of ugliness. But I just put my head down and decided … I was going to work as hard as I could, and I never let the possibility enter my mind that I might fail – at least consciously. Subconsciously, I knew I could fail and I was really scared, so it made me work harder.”


(Additional reporting by Zorianna Kit; Editing by Will Dunham)


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Roche wins EU nod for breast cancer drug Perjeta






ZURICH (Reuters) – European health regulators recommended Roche‘s breast cancer drug Perjeta for approval on Friday, cementing the company’s hopes that the drug will become the standard of care for an aggressive, incurable form of cancer.


Roche is hoping that combining Perjeta with its older drug Herceptin will become the standard treatment for women with a form of cancer known as HER2-positive, which makes up about a quarter of all breast cancers and has no cure.






Breast cancer is the most common cancer among women worldwide, with about 1.4 million new cases diagnosed each year and more than 450,000 women dying of the disease annually, according to the World Health Organization’s International Agency for Research on Cancer.


U.S. health regulators already granted the drug approval in June. Recommendations from the European Medicine’s Agency (EMA) are normally endorsed by the European Commission within a couple of months.


Perjeta is an effective but costly drug. A typical 18-month course of Perjeta plus Herceptin costing approximately $ 188,000.


Vontobel analyst Andrew Weiss forecasts peak sales of 2 billion Swiss francs ($ 2.15 billion) for the drug.


Roche is also developing an “armed antibody” known as TDM-1 as a treatment for HER2-positive breast cancer. TDM-1 combines Herceptin with a derivative of a powerful type of chemotherapy and is designed to reduce unpleasant side effects.


(Reporting by Caroline Copley; Editing by Hans-Juergen Peters)


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UPDATE 3-Cricket-Hughes shines as Australia reach 299-4






* Hughes falls just short of century


* Clarke and Hussey combine for 101






* Welegedera takes 3-99 (Adds quotes)


HOBART, Dec 14 (Reuters) – Phil Hughes made a solid 86 on his return to test cricket before Michael Clarke and Mike Hussey took up the running and steered Australia to 299 for four at close of play on the first day of the first test against Sri Lanka on Friday.


Hughes was the only batsmen to fall in the final session, lasting only a couple of overs after lunch before being bowled through the gate by Chanaka Welegedera, giving the Sri Lankan seamer his third wicket of the day.


Clarke, who had made 70 not out, and Hussey, unbeaten on 37, batted through the remainder of the day and if the evidence of their prolific partnerships in the recent series against South Africa is anything to go by, will take some shifting.


“Overall, 299 for four puts the ball in our court,” said Hughes. “I thought we were outstanding today. It really gives us momentum going into tomorrow.”


Sri Lanka’s bowlers, dubbed this week as the worst pace attack ever to tour Australia by former test bowler Rodney Hogg, made life uncomfortable for the batsmen at times but struggled for any real penetration under cloudy skies at Bellerive Oval.


“I think we showed we can put Australia under pressure and hopefully the bowlers will be fresh in the morning and we can get them out for less than 100 additional runs,” said Welegedera, who finished with 3-99 on his return after nine months out injured.


Clarke, who passed 1,400 runs for the year, has now put on 731 runs in partnerships with Hussey in the last four tests and will be looking to plunder a few more on Saturday despite taking a couple of painful knocks to his legs.


Friday, however, belonged to Hughes.


The lefthander was recalled to the side on the back of good domestic form following the retirement of Ricky Ponting at the end of the series against the Proteas.


The 24-year-old reached his fourth test half century with a square drive for three runs and then initially accelerated towards a century, most notably with an ugly but effective slog for six off spinner Rangana Herath.


CALAMITOUS RUNOUT


On the ground where his second spell as a test batsman ended amid questions about his technique after two failures against New Zealand last year, Hughes scored eight fours and one six in his 166-ball knock before Welegedera struck with a superb ball.


“It was nice to get a few,” he said. “It would have been nice to get a few more and get into three figures.”


Australia had lost openers Ed Cowan (four) and David Warner in the opening session, the latter run out for 57 on the stroke of lunch after a calamitous misunderstanding with Hughes.


Shane Watson, dropping down to fourth in the batting order to allow Hughes to come in at number three, followed them to the pavilion for 30 shortly before tea, the victim of an exceptional diving catch in the slips by skipper Mahela Jayawardene.


That was a second wicket for Welegedera and a measure of redemption for the bowler after he had Hughes caught behind for 77 only for the umpire to call a no ball.


Welegedera had also made the early breakthrough for the tourists when Cowan tried to pull a short delivery only for the ball to catch him high on the bat and carry to mid-on where Shaminda Eranga took a simple catch.


It could have been even better for the Sri Lankans, who were only centimetres away from the perfect start to the morning after Clarke had won the toss and elected to bat.


Cowan edged the second delivery of the day from Nuwan Kulasekara to the slips but Angelo Mathews was just unable to get his hands to it, despite an athletic dive. (Editing by Peter Rutherford)


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Home invasion victim gets help over Xbox headset






NORTH APOLLO, Pa. (AP) — Police say a Pennsylvania man used his Xbox headphones to call for help after being bound with duct tape and menaced with a gun during a home invasion.


Investigators say the 22-year-old suburban Pittsburgh man was playing video games in an upstairs bedroom when he heard his front door open. The man initially thought it was a family member but saw an armed man wearing a ski mask when he looked downstairs.






Authorities say the intruder bound Derick Shaffer and led him around the North Apollo home to locate valuables, then fled in Shaffer’s car. Shaffer reached a friend over his Xbox Live headset and had him call police.


The missing car was located about an hour later. Police questioned three people but are still trying to identify a suspect.


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Shawn Levy’s 21 Laps signs new first look deal with Fox






NEW YORK (TheWrap.com) – Fox has signed a new three-year first look deal with director/producer Shawn Levy‘s 21 Laps, the production company behind “Night at the Museum” and “The Watch,” the companies announced on Wednesday.


21 Laps is already based at Fox, having supplied the studio with several comedy titles over the past few years. While its most recent, “The Watch,” disappointed at the box office, the company has otherwise provided a steady supply of hits.






The original “Night at the Museum leads the pack with $ 570 million at the global box office, while the sequel surpassed $ 400 million.


“Shawn’s boundless energy, ambition and effortless creativity make him the perfect partner,” Emma Watts, Fox’s president of production, said in a statement. “We are lucky he continues to call Fox his home.”


21 Laps has a couple of projects due for release in 2013 – “The Internship,” starring Vince Vaughn and Owen Wilson, and “The Spectacular Now,” starring Miles Teller and Shailene Woodley.


Levy directed “The Internship,” his first job since “Real Steel,” which Disney released. That film debuts June 7.


21 Laps also has several projects in development, including a third installment of “Night at the Museum” and “Project Aloha,” which Levy plans to direct from a script by Nick Stoller. It is also at work on projects beyond Fox, such as “Story of Your Life,” a sci-fi thriller that Nic Mathieu will direct.


In signing a new deal with Fox, 21 Laps also announced a series of promotions. Billy Rosenberg moves up to the Senior Vice President level from Vice President while Dan Cohen rejoins the company from Mandeville as VP.


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Best Pals Paralyzed Just 2 Years Apart






Alan Brown had just wrapped up a fundraiser for his high school best friend, Danny Heumann, who had been paralyzed after he broke his back in a car accident.


“We were 18 years old, ready to live life,” said Brown, who became his friend’s caregiver, staying by his side at New York City‘s Rusk Institute after the 1985 accident.






But just six weeks after he had helped raise $ 15,000 for his friend’s new foundation, Brown himself suffered a cruel twist of fate. He, too, was paralyzed after diving into the surf on a Club Med vacation in Martinique. It was Jan. 2, 1988, a bit more than two years after Heumann’s accident.


Brown said that he quite literally “saw the light” when he shattered his neck. The undertow threw him head-first against the ocean floor.


“I heard it snap,” he said. “I was under water two or three minutes holding my breath to survive. But I thought this was it.”


He never lost consciousness and remembered from his friend’s accident not to be jostled, so he refused a ride in the bumpy ambulance until he could be airlifted to the hospital. En route, he said he quoted lines from the comedy film, “Fletch” — “It’s all ball bearings.”


Just short of his 21st birthday, he lost the use of his legs, but not his sense of humor or his drive.


Today, at 45, Brown says he is doing what he has always done best: facing a challenge.


He has pledged to raise $ 250,000 — $ 25,000 for each year he has been paralyzed — for the Christopher and Dana Reeve Foundation. His one-year campaign is aptly named the “Power of We.”


“There’s no ego here — we’re building an army,” said Brown, who is director of impact for the Reeve Foundation. “Spinal cord injuries don’t discriminate. In one split second my life changed.”


Both Heumann and Brown now sit on the board of the Reeve Foundation.


An estimated 5.6 million Americans live with some form of paralysis, according to Centers for Disease Control and Prevention, and most, like Brown, were injured when they were young.


The Reeve Foundation has become the “hub” of most of the research and advocacy for those who suffer from paralysis. It is named for the actor Christopher Reeve, who was injured in a horseback riding accident and died in 2004. His wife, Dana, worked with him and chaired the foundation; she died in 2006.


Spinal cord research is “painstakingly slow and expensive,” according to Susan Howley, executive vice-president of research at the Reeve Foundation. And there are never any quick fixes.


But this is a pivotal time in research and more is being done to improve quality of life and independence for those who are paralyzed.


“It’s actually a phenomenally interesting and exciting time in the field of spinal cord research,” said Howley. “The old dogmas haven’t really been overturned for a very long time.”


As recently as two decades ago, an injured adult was never expected to recover. Today, scientists are discovering activity-based exercise or locomotor training that can “remind” the spinal cord how to step and stand again, she said.


But being wheelchair-bound is only part of the medical, psychological and financial challenge of a spinal cord injury.


Depending on the severity of the injury, the yearly expense for treatment can be anywhere from $ 300,000 to nearly $ 1 million, according to The University of Alabama National Spinal Cord Injury Statistical Center and the Centers for Disease Control and Prevention.


The lifetime cost of caring for a 25-year-old can range from $ 1.5 to $ 4 million.


Pain, Bladder and Skin Issues Plague Those With Paralysis


The secondary effects of spinal cord injuries are as challenging as the mobility issues: constant pain, bowel and bladder issues, and skin problems; shoulder and back injuries from years of strain and aging in a wheelchair.


“There are so many of them,” said Brown. “Care giving and the psychological are part of it — developing your own confidence to face the world. Some people don’t even want to leave their homes.”


Brown’s generation is the first to even survive spinal cord injuries. “There is no road map for us,” he said. “In the past, if they didn’t die, they were put away in a nursing home to die.”


Relationships are tested; Brown said his own marriage broke up.


Since the early days of treatment at Jackson Memorial in Miami and later in outpatient therapy at Mt. Sinai Hospital in New York City, his humor has kept him going.


“They put me in a halo backwards and had to unscrew it and screw it back into my head,” said Brown. “I laughed the entire time. I laughed every day and cried every day.”


He said he learned to hold his breath so the nurses would talk to him.


Laughter has carried him through six surgeries and physical ordeals. “I am an emergency room frequent flyer,” Brown jokes.


He has 11 screws and two metal plates that were inserted after his neck was rebuilt.


“Technically I’m three people,” said Brown. “My head is screwed on, my body is in the middle and there is my soul.”


Brown has always been a giver — as a child growing up in a Jewish family in New York City, he used to help prepare dead bodies for burial — “one of the biggest mitzvahs,” he said.


“I was always a person who wanted to overcome, an overachiever,” he said. “I wasn’t a great student, but I was there by your side. I would help the elderly at Rosh Hashanah — it’s in my make-up.”


While he was still bedridden and his health was touch and go, Brown asked his rabbi what he would say in a eulogy. The rabbi told Brown he had the “spirit to help others.”


Today he says he leads a full life, helping to raise his two sons, Max, 15, and Sam, 10.


Brown uses a power wheelchair and has difficulty using his hands. He said he battles constant pain, but is able to get himself in and out of the chair and drives a car.


A former hockey player, Brown keeps fit. He participates in marathons in his wheelchair and has tried both scuba and sky diving.


Professionally, Brown has worked his entire life — at public relations, recruiting NFL players for ad campaigns and even running a radio station.


“Nothing will ever stop me,” said Brown, who has also begun a book.


He confesses he doesn’t sleep much, especially with an eye to the fundraising campaign for the Reeve Foundation.


“There totally is hope,” he said when talking about medical advances. “Cures come in different shapes and sizes. A lot of us would take just not being in pain.”


Meanwhile, Brown’s attitude and energy astound his colleagues.


“Alan lives with his injury day in and day out,” said Howley at the Reeve Foundation. “He, better than anyone else, understands what the challenges and needs are. He is so articulate and compassionate. We are very lucky. God bless him.”


For more information and to help, go to the donor page for the Alan T. Brown Power of We Campaign.


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Walmart vs. Walmart






Cindy Murray has been working at Walmart store No. 1985 in Laurel, Md., for 13 years. She’s stationed in the fitting rooms and earns $ 12.40 an hour. Murray, who’s in her fifties, says she loves her job. She thinks of herself as a model employee. She also helped start OUR Walmart, or Organization United for Respect at Walmart, the group of employees who defied one of the most powerful companies in America by holding protests at about 1,000 stores on the busiest day of the year for retailers. OUR Walmart says it has at least 4,000 members. The protests, on the Friday after Thanksgiving, involved about 500 of them, as well as many thousands of others sympathetic to their cause. Murray and her colleagues are asking Wal-Mart Stores (WMT) for more full-time jobs with predictable schedules instead of part-time work with hours that can change every three weeks—and wages that can provide their families a decent life. They also want respect.


ff948  feature walmart51  03  inline405 Walmart vs. WalmartPhotograph by Christopher Leaman for Bloomberg BusinessweekOUR Walmart member Cindy Murray in Maryland






On the morning of Nov. 23, instead of going to work, Murray put on her bright green OUR Walmart T-shirt and boarded a bus provided by the United Food and Commercial Workers Union, which has tried and failed to unionize Walmart associates for more than a decade. “Walmart isn’t on a good path, and someone needs to stand up and speak out,” says Murray. “But we always have fear inside of us, too.” They weren’t sure how many police would be present or if shoppers would support them. They weren’t sure if afterward their hours would be cut or if managers would make their lives difficult. None of them could afford to lose their jobs.


Murray was one of several hundred people, employees and activists and community leaders, who met at a store in nearby Hanover, Md. She helped lead chants, including “Stand up! Live better!” a play on Walmart’s slogan, “Pay less, live better.” They sang and marched for a couple of hours, then moved on to another store. At 7 a.m. on Saturday, she punched in for her regular shift.


Walmart is the largest private employer in the U.S., with nearly 1.4 million workers in 4,602 stores. The company operates in 26 other countries, employing an additional 780,000 people. Its efficiency, in stores and throughout its supply chain, has remade the retail industry. When Walmart decides to sell mortgages, local produce, or compact fluorescent light bulbs, the effects ripple through the economy. So do its decisions about workers’ schedules, wages, and benefits. With revenue of $ 464 billion over the past year, it’s the biggest company in the U.S.


As it has expanded, Walmart has been vilified by activists and watchdog groups who say the company’s relentless growth has come at the expense of its workers, the environment, and the law. Since 2005 it has agreed to pay about $ 1 billion in damages in six different cases related to unpaid work. The U.S. Department of Justice and the Securities and Exchange Commission are investigating allegations of corruption by company executives in its Mexican subsidiary, Walmart’s biggest, and a potential coverup by executives at its headquarters in Bentonville, Ark. Walmart says it’s cooperating with the investigations and is conducting its own internal investigation and review.


Last month more than 100 workers died in a fire at a factory in Bangladesh that was sewing clothes for several retailers, including Walmart. The company says it was unaware its supplier had sent work to the factory and has fired the firm. According to Bloomberg News, the previous year Walmart had declined to sign an agreement among retailers to pay their suppliers to improve safety conditions at Bangladeshi factories. Walmart said it would be too expensive.


Walmart has survived labor fights before. But Murray and a core group of about 100 employees—along with the largest union of retail employees in the country and a branding firm founded by a top adviser to President Obama—are the architects of what may prove to be the most potent challenge yet. Crucially, the thousands of associates who have joined OUR Walmart say they’re not agitating for legal recognition or collective bargaining rights; unlike previous efforts, they’re not trying to unionize. They say they want to make Walmart a better place to work and shop. “It’s a cause that affects every American,” says Murray.


There’s also growing financial pressure. Walmart wants to expand into big cities where its size and power are controversial. Elected officials, community leaders, and residents often see the company as a disruptive economic force and a socially dubious one as well. “A business case can be made that it would be smart for them to figure out a way to improve the situation for their workers so that OUR Walmart is an ally, not an opponent,” says Ken Jacobs, chairman of the University of California at Berkeley Labor Center. Or it could continue to dismiss OUR Walmart as a small group of disgruntled associates who speak only for themselves and their union backers. Despite the organization’s success in attracting attention to the Black Friday strikes, less than one-tenth of 1 percent of the company’s U.S. workforce participated. What’s certain is that Walmart’s management is facing a new kind of unrest at a time when it’s already vulnerable. Says Julius Getman, a labor law professor at the University of Texas School of Law: “This is a battle for the soul of Walmart’s workforce.”


Walmart has been opposed to unions since Sam Walton opened his first store in Rogers, Ark., in 1962. These days, “we have human resources teams all over the country who are available to talk to associates, and we will get questions about joining a union,” says David Tovar, a spokesman for the company. “We would say: ‘Let us remind you of all that Walmart offers, and of what might go away. Quarterly bonuses might go away, vacation time might go away.’ ”


Tovar says the company is proud of the jobs it offers, that its benefits are affordable and comprehensive, and that there are plenty of opportunities for associates to advance. Walmart has more employees working full-time than its competitors do, he says, and a lower turnover rate. “The suggestion that the issues OUR Walmart is raising are widespread or representative of any sizable number of associates is ludicrous,” he says. “We know this because we have hard data. And we know this because our managers and executives are in our stores every day asking associates questions. They believe what they’re getting at Walmart is a good deal.”


In a rare public appearance at the Council on Foreign Relations in New York on Dec. 11, Walmart Chief Executive Officer Mike Duke, interviewed by Bloomberg LP CEO Daniel Doctoroff, dismissed the idea of a rift between Walmart’s employees and management. “The characterization is not always accurate,” he said. “This tension for me is not a tension.”


Murray’s campaign started six years ago. Backed by the UFCW, and a coalition it called “Wake Up Walmart,” Murray tried to get workers in her store to join the union. She didn’t get far. “We knew we had to do something different this time,” she says. “The organization had to be made by associates and for associates so they would feel more free to join.”


Organizers at the UFCW felt the same way. In 2010 the union hired a veteran labor leader, Dan Schlademan, to be the director of “Making Change at Walmart,” a campaign it had just launched. “We needed to build something new,” says Schlademan. He connected with Murray and a few other Walmart employees and then turned to ASGK Public Strategies, the media and branding firm started by David Axelrod, a senior political adviser to President Obama. (Axelrod had sold his stake by 2010.) “There is a permanent political campaign around the legitimacy of Walmart on both sides,” says Nelson Lichtenstein, a history professor at the University of California at Santa Barbara and author of The Retail Revolution: How Wal-Mart Created a Brave New World of Business. “Walmart hires operatives who are in and out of political campaigns. Unions enlist the hottest political consultants around.”


On its side, Walmart had Leslie Dach, who had been a strategist in several Democratic campaigns and a vice chairman at public-relations firm Edelman. Dach was hired in 2006 in part to improve the company’s reputation, especially with liberal politicians and shoppers. By 2010 the company had reduced waste and energy use, tried to offer more affordable health insurance, and had supported Obamacare. At an analysts’ meeting that October, Dach said: “I think the numbers clearly show that customers and elected officials like us better. … And that makes it easier for us to site stores, makes it easier for us to stay out of the public limelight when we don’t want to be there.”


In the fall of 2010, ASGK began conducting opinion research about how to effectively reach Walmart employees. The firm declined to comment on its work, but as a former executive described it, they realized that buying an ad on Facebook (FB) would allow them to target users who had identified themselves as Walmart employees. There were about 150,000 of them. Then ASGK asked the employees to rate themselves according to how committed they were to Walmart. It focused on the group in the middle: dedicated employees with a couple of complaints. Chief among them was that they weren’t treated with respect by their managers. Second was their pay.


“ASGK was good at getting to the heart of what really was important to people,” says Schlademan. The firm helped name the movement and craft a logo that looks like the OK hand sign. “Three employees have it tattooed on their arms,” he says.


OUR Walmart had a brand. Now it needed more leaders. Maggie Van Ness was an overnight stocker at store No. 1563 in Lancaster, Calif., when she heard about the group from a UFCW representative. In the fall of 2010, Van Ness and another employee began holding meetings at a cafe every Friday, telling their co-workers about the new movement. For a couple of months, they went to the Los Angeles union hall every other week for training. “The union was very good at teaching us what we could and couldn’t do,” says Van Ness, who left the company earlier this year for health reasons. “They stood behind us and pushed in the right direction.”


ff948  feature walmart51  02  inline405 Walmart vs. WalmartPhotograph by Ryan Lowry for Bloomberg BusinessweekOUR Walmart member Mary Pat Tifft in Wisconsin


Mary Pat Tifft, from store No. 1167 in Kenosha, Wis., joined the organization in the spring of 2011 and quickly emerged as an effective spokeswoman. Tifft, who’s 57, has worked for Walmart for almost 25 years. She says she was a contented employee until 2005, when union organizers got hold of a memo from a Walmart executive to the board of directors. The memo proposed ways to hold down spending on health care and other benefits without damaging Walmart’s reputation. It suggested capping pay, discouraging unhealthy people from applying, and expressed the company’s frustration that workers with seniority made more than new employees but were no more productive. “Reading that tells you how they feel about associates,” says Tifft. “It was degrading.” Tifft makes $ 19.96 an hour, the most she can earn without moving into management, which doesn’t interest her. Others in her store don’t make enough to support themselves, she says, and rely on the local food pantry that Walmart takes pride in contributing to. “Everyone always banked on the fact that Walmart would have your best interests at heart. But it’s not true,” she says.


In June 2011, OUR Walmart made its debut. At the UFCW’s expense, Murray, Van Ness, and Tifft, along with 97 other associates, traveled to Walmart’s headquarters a couple of weeks after the company’s annual shareholder meeting. They wrote a 12-point declaration that asked for wages and benefits that ensured no associate would have to rely on government assistance. They also called for dependable schedules, expanded health-care coverage, and the freedom to speak up without facing retaliation. In the parking lot, they presented the document to Karen Casey, the senior vice president for global labor relations. “It was really scary,” says Murray. “I think the executives were just as shocked as we were. Walmart heard us, but they didn’t listen.”


ff948  feature walmart51  04  inline405 Walmart vs. WalmartPhotograph by Ryan LowryOUR Walmart protesters take part in a Black Friday demonstration in Chicago


The Bentonville trip was the first time many OUR Walmart members met face to face. “I was so taken aback listening to other associates’ stories,” says Tifft. “It made me want to speak louder.” The first discussion about holding protests on a Black Friday began then. At a hotel conference room, Schlademan set up computers for associates to learn how to use Facebook to stay in touch and reach other potential members.


During the next year, union organizers and employee leaders worked on recruitment. Van Ness says she signed up 25 employees at her store, about 10 percent of the staff. Murray says there are 40 members at her store, though most are silent. Monthly dues are $ 5.


OUR Walmart returned to Bentonville in June 2012 for the annual meeting, which coincided with Walmart’s 50th anniversary. The group had proposed a shareholder resolution calling for greater disclosure about incentive pay for executives, spurred by allegations in the New York Times that top executives in Bentonville covered up evidence from Walmart’s own investigation into accusations of bribery in Mexico. Schlademan had found experts to help Tifft and three others, all shareholders, craft the resolution. Then he got them a lawyer when Walmart tried to have it removed from the ballot.


In front of about 16,000 people, Proposal 6 was read aloud: “We have cut costs too far, stores are understaffed and associates cannot provide customers the service that Sam Walton built the company on and that we are proud to provide. … Sam Walton said, ‘Listen to your associates, they are your best idea generators.’… There has to be a new relationship based on honesty, based on trust, based on respect.” The auditorium was full of cheers; Tifft looked stunned. The resolution, supported by Institutional Shareholder Services, a leading proxy advisory group, won about 9 percent of the vote. The Walton family controls almost half of the shares in the company.


As the holiday shopping season approached, several dozen employees at warehouses that serve Walmart walked off the job in California and Illinois to protest what they said were poor working conditions. Then, in early October, OUR Walmart staged its first strike, in Pico Rivera, Calif. From there, some members went to Bentonville for the annual meeting for analysts. They stood in the parking lot, chanting: “We do not get enough hours. We cannot take care of our families.” Later, Colby Harris, who’s 22 and works in the produce department in a Walmart in Lancaster, Tex., led a dozen or so people to Walmart’s first store. The group collected water jugs, buckets, trash cans, cooking utensils. They found a rhythm and began chanting, “What do we want? Respect! When do we want it? Now!” Says Harris: “I think we caught the managers off guard. It was exhilarating.”


ff948  feature walmart51  01  inline405 Walmart vs. WalmartPhotograph by Ryan Lowry for Bloomberg BusinessweekOUR Walmart member Colby Harris in Texas


At the meeting itself, Walmart noted how well it treats its associates. The company had already issued guidelines to store managers about how to respond to walkouts or work stoppages on Black Friday. “We wanted to ensure we provided the safest possible shopping environment for our customers,” says Walmart spokesman Tovar. The company also engaged in its own workers’ campaign. “If OUR Walmart people are in a store trying to talk to associates about joining a union, we do educate them about what it would mean,” he says.


Acknowledging their existence proved Walmart was paying attention. “That was a tactical mistake,” says Lichtenstein of UC Santa Barbara. “That ratified the importance of the protests.” Murray agrees: “It was a great recruiting tool.” She and other leaders spoke to associates afterward, explaining that despite Walmart’s assertions, their group is not trying to form a union. “Right now that’s not even a topic of conversation,” says Tifft.


On the Monday evening before Thanksgiving, Tovar told CBS News that the protests were “another union publicity stunt.” He added: “If associates are scheduled to work on Black Friday, we expect them to show up and to do their job. And if they don’t, depending on the circumstances, there could be consequences.” As encouragement, Walmart offered associates an additional 10 percent discount if they worked the full day. (They are normally entitled to a 10 percent discount.) “Some people might call that an incentive,” says Tifft. “I call it a bribe.”


On the day of the protests, Tovar issued a statement accusing the UFCW of exaggerating the scope of the demonstrations. “We had our best Black Friday ever,” he said. A week later, though, Walmart felt compelled to again counter the perception that its employees were in revolt. Michael Bender, the president of Walmart West, wrote an op-ed in the San Francisco Chronicle with the headline, “Our workers love their jobs.” “I want our associates to know we have their backs,” he wrote.


Cindy Boyd has been a full-time associate at a Walmart in Glendale, Calif., for the past 15 years. Her husband and son work there, too. She doesn’t support OUR Walmart. “I feel like, if they’re not happy, maybe it’s not the right fit for them,” she says. “They shouldn’t bash the company that feeds them.” Shirley Jeanine Clem says she thought the protests were silly and unnecessary. She’s been working at a Baytown (Tex.) store for nine years and was among the women reimbursed after the company found they had been paid less than men for the same work. “As a caring mother, I do not hesitate to tell my daughters to work for Walmart,” she says.


OUR Walmart’s decision to create a new kind of organization makes it a less predictable adversary than the company is used to. Yet it’s hard to assess if the group will achieve its goals without the legal protections that come with union recognition. “Walmart has the advantage of money and power, but these things can be overcome,” says Getman of the University of Texas. “The very fact that the situation is unusual gives an advantage to OUR Walmart.” The group has gotten Walmart’s attention. Beyond that, it may be years before it’s possible to assess its impact on the company.


Meanwhile, Walmart has filed a complaint with the National Labor Relations Board claiming OUR Walmart has been organizing without seeking union recognition. The UFCW is reviewing more than 100 violations of workers’ rights by Walmart and has promised to continue supporting OUR Walmart as long as the group needs help. “Everything will be building toward an even bigger Black Friday 2013,” says Schlademan.


“I’m pretty sure Bentonville knows that we’re here to stay,” says Murray. “I’m not going anywhere. I’m not backing down.”


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