And . The decision involved an anti-union campaign at Delta airlines in which the company advised employees to destroy their ballot papers (shred it!) because under the Railway Labor Act, non-votes were counted as votes against the union. In May 2010, the ILOs Committee on Freedom of Association (CFA) issued a decision that the U.S. employer community has interpreted as an endorsement for American-style anti-union campaigns. Framework agreements, the firm cautioned, are especially problematic for public-facing retail brands.14, Union avoidance attorneys have advised employers to deploy global standards offensively against labor organizations. The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. Equally important to identifying employee concerns, our improving labor relations assessment process helps to reaffirm that management values employees ideas and contributions, which are essential for maintaining a positive working relationship. 101. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. . Union avoidance law firms have advocated using the OECD Guidelines on Multinational Corporations to attack global union federations, cautioned corporations against signing international framework agreements that limit their union avoidance options, and argued that, under ILO jurisprudence, employers have not just a right but an obligation to campaign against unionization and collective bargaining. [i]. Last month, we discovered that, starting in January, Amazon had hired two prominent anti-union consultants, Russell Brown and Melissa Smith of Florida-based Road Warrior Productions (RWP), to assist with its campaign against the RWDSU. One commentator wrote about Brown on an online airline pilots forum: This guy is the reason American, Southwest, UPS and now ALPA are sending out letters letting us know they are watching this. This month, we found out that Amazon is using a second anti-union consultant firm which is an unusual step, even for an anti-union firm like Amazon: California-based Labor Information Services. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. The countrys 11 largest national passenger airlines all have unionized pilots, as do shipping carriers such as UPS and FedEx. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. The right mix. The EPI estimates that the "union avoidance" industry, through which companies hire outside firms to defeat organizing efforts, is now worth $340 million per year. In these cases, they go to a third party for help, and you have a union on your hands. We will work to guide you in the best ways to educate your employees about the dangers and problems of unionization and address underlying issues in your workplace. This is a mail-in NLRB ballot that will end on March 29. Littler attorneys have suggested using the OECD complaints process, which is intended to protect worker rights against violations by MNCs, to attack global union federations by making their financial records publicly available. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. These numbers represent just the tip of the iceberg during the Trump administration, officials at the Department of Labor stopped requiring companies to disclose how much they spend on union avoidance consultants. One consultant writes in his LinkedIn profile: To start, I want to make it clear that I own a consulting firm that works exclusively for management to stay union free and promote positive employee relations, but my story did start on the union side with nearly 24 years of experience for unions.. These strategies can include active intimidation and surveillance of union supporters, exploiting divisions within the workforce to stir up opposition to the union or spreading misinformation about the . The PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. None of these global union federations comply with the requirements of the LMRDA [Labor-Management Reporting and Disclosure Act].16 Thus, union avoidance law firms have opposed using the 1959 LMRDA to require financial reporting from union avoidance firms and employers that hire theman original intent of the lawbut support using it to regulate global union federations, over which U.S. law has no jurisdiction. persons or entities involved in the matter and that the firm is willing to consider 317-231-7433, F CHICAGO. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . accepting representation. 540 N Michigan Avenue. 2.Michael Fichter and Dimitris Stevis, Global Framework Agreements in a Union-Hostile Environment: The Case of the USA, Friedrich Ebert Stiftung, November 2013, available at https://library.fes.de/pdf-files/id/10377.pdf. Contact us for a free consultation! following terms. 404-264-4033, F Under the National Labor Relations Act of 1935, it is illegal for employers to intimidate, retaliate against, or ask workers whether they support a union drive. 1.John Logan, The Union Avoidance Industry in the United States, British Journal of Industrial Relations 44, no. 18.Stefan Jan Marculewicz, Elimination of the Secret Ballot Union Election and Compulsory Arbitration under the Employee Free Choice Act: A Violation of Fundamental Principles of International Labor Law, available at https://www.uscib.org/docs/090317_marculewicz_article.pdf. I have written about the message during captive meetings in greater detail elsewhere. Whether you choose one-on-one mentoring, group training, or The Union-Free Privilege Academy, our union avoidance management consultants tailor seminars and workshops to meet the specific needs of your organization. Direct persuader activity triggers the reporting requirements (Section 203a) of the Labor-Management Reporting and Disclosure Act (LMRDA), which means that corporations and their consultants are required to report their financial arrangements to the Office of Labor-Management Standards at the Department of Labor, although the requirement has been poorly enforced for several decades. 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. The nations third and fourth largest management-side law firms specializing in union avoidance, Jackson Lewis and Fisher Phillips, have adopted a different model of international expansion. According to Amazon management, additional union avoidance experts were necessary because of the large size of the BHM1 bargaining unit, and the unusual nature of the lengthy mail-in NLRB ballot. Other important benefits derived from our employee relations consulting program include: Companies that listen to employees and train their supervisors to develop good working relationships can reduce interest in union membership and deter union organizing efforts. Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. LRI works with consultants based around the country, many of whom run their own satellite firms, such as Browns Road Warrior Productions or Smiths Rock Creek. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. A leaked internal "polling" spreadsheet from one of the country's top union avoidance firms offers an inside look into a highly secretive industry that specializes in helping employers derail . . According to Brown, RWP is the nations premier full-service labor relations and management consulting team that specializes in keeping companies union free. RWP claims to be a collaboration of the best of the best labor consultants. © 1998-Present LAWCHA. The NLRBs recently implemented quickie election rule has many repercussions for employers. Google's Union-Busting Methods Revealed - THE TOP 25 MOST CENSORED STORIES OF 2020-2021. In 2018, Littler employed over 1000 attorneys in the United . For over 35 years we have helped our clients with employee relations, union negotiations, union avoidance, labor relations training, HR due diligence for M&A, and much more. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . The relationship between union membership and job satisfaction is still disputed vigorously among scholars. She spent the first half of her organizing life . For example, the president of one anti-union firms with which Smith has worked, Joe Brock of East Coast Labor Relations Consultants (ECLRC) and Reliant Labor Consultants, claims to have worked for the Teamsters Local 830, the largest IBT local in Philadelphia, for over twenty years, before losing a union election in 2007 and becoming an anti-union consultant. February 26, 2023. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . As a result of the growing importance of MNCs, both in the United States and worldwide, American unions such as the Service Employees International Union, United Food and Commercial Workers and others have participated in global organizing campaigns.2 Conducted with the assistance of UNI Global Union, International Transport Federation, and other global union federations, these multifaceted campaigns have stressed corporate violations of core ILO conventions and have utilized soft law instruments such as the United Nations Global Compact and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Corporations. Barnes & Thornburg is involved in the U.S. Chamber of Commerce's executive legislative committee in Washington, D.C. We monitor what's happening on the legislative and regulatory front, and we communicate these developments to our clients regularly. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. Her Reliant bio page states: As a consultant, Rebecca has led numerous anti-union campaigns, resulting in a winning record for the companies with whom she partnered, including but not limited to government, non-profit, and for profit organizations within airline, transportation, healthcare, hospitality, energy and retail industries. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Opera. Although we excel in union avoidance and elections, a hallmark of Littler's practice remains the ability to prevent workplace issues from ending up in court or administrative tribunals, sparing our clients time-consuming and costly headaches. In 2018, Google dropped its long-time slogan, "Don't be evil" from its code of conduct. . The result is a more capable management team and a more effective workforce. Chrome With top of the line labor . For those organizations with a non-union workforce, Hutchison Group can help to discreetly determine your vulnerability to potential union organizing and reduce your risk of having to endure a union campaign. In June 2020, after widespread criticism of its lackluster response to the Covid-19 pandemic, Amazon hired two corporate health and safety experts from one of the country . Lawyers and consultants devise strategies for managers to maintain union-free workplaces. Cemex managed to narrowly defeat the union in a March 2019 election, but not without traipsing all over the law and illegally firing a female driver who had been organizing her co-workers, according to trial testimony. Often the easiest way to solve a problem is to avoid it entirely . Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm have learned to identify key warning signs and recommend proactive steps to remain union free. When managers are ineffective, organizations become vulnerable to union organizing. The Center for Individual Employees: In addition to running the RWP consulting firm, Brown is president of the Center for Individual Employees (CIE), a 501c(3) non-profit legal defense foundation. CIE, which claims to be active in all 50 states, is a legal defense foundation that provides free legal services to workers against unionization Although the organization is secretive about its funders, we know that CIE received $18,000 from the anti-union, billionaire Koch Brothers in 2017. Five of Ogletrees fifty-three law offices are overseas; it publishes a global labor relations newsletter, and it recently expanded its cross-border practice to include global labor standards and corporate codes of conduct.4 Ogletrees expanding international focus has been client-drivena direct response to demands from corporations for its labor services in multiple countries. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". Looking to kill organized labor in aviation: Brown and Smith have consistently attempted to expand their anti-union crusade into the still heavily unionized airline sector. Firefox During the winter, The Hershey's Company hired six union-avoidance firms to block organizing efforts at its chocolate factory in Stuarts Draft, Virginia. Dont think there wont be repercussions. to be confidential until the attorney verifies that the firm does not represent other Often, its your efforts that can protect them from unwittingly putting everything on the line. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. Under international law, information from employers . Unless otherwise agreed in advance, all unsolicited With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Before sending mail to your intended recipient, you must first understand the In the early 1970s, "a cottage industry of union-avoidance firms mushroomed into a gigantic industry," says Jane McAlevey, a longtime labor organizer and senior policy fellow at UC Berkeley . Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. . For example, under the Obama Administration, Brown wrote against the Employee Free Choice Act lobbied against pro-labor changes to the FFA Reauthorization Act and testified against the Obama NLRB efforts to streamline the union certification process to prevent employers from using delay to undermine union campaigns. Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. According to the US Bureau of Labor Statistics Union membership is on the rise for people under age 35 there were almost 400,000 more union members younger than age 35 in 2018 than there were in 2017. Question. One major difference between union avoidance law firms such as Morgan Lewis and consultant firms such as Road Warrior Productions and Labor Information Services is that consultants conduct so-called direct persuader activity i.e., they have face-to-face contact with employees while the law firms generally avoid this. January 18, 2023. The first nationally prominent consultant was Chicago-based Nathan Shefferman, who, as Sanford Jacoby described in Modern Manors (1997), worked for Sears Roebuck before establishing his own consulting firm, Labor Relations Associates (LRA). John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . Tracking the union avoidance firms behind anti-union campaigns is intentionally made difficult by firms that subcontract out work to other firms that hire independent contractors to avoid federal reporting requirements laid out by the Department of Labor and shield themselves from public scrutiny. "That's very likely an underestimate of how big the industry really is," Poydock said. This union avoidance internationalism poses a significant threat to workers who have benefited from global campaigns, and presents another obstacle in the path of unions attempting to organize at MNCs. The benefits of this program include: Again, supervisors are in the best position to create and maintain a positive work environment; helping to reduce the frustrations and resentments that often lead to union activity. Open communication between employer, employees is crucial for maintaining a healthy working environment. Do you want to receive more valuable insights directly in your inbox? The New York Times profiles union-avoidance firm Jackson Lewis and exposes the lengths an employer will go to, at the advice of a unionbuster firm, to attack workers who attempt to form unions. A major component of our union avoidance strategy is to train supervisors and alert them to the skills necessary to avoid unions, skills they can use each day in their interaction with employees. Workers at Amazons distribution center in Bessemer, Alabama are voting in a historic union election whether to join the Retail, Wholesale and Department Store Union (RWDSU). Factor in geography. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. As a result, employees are far less likely to seek out union representation, and the union is denied potential inroads or issues they might otherwise exploit in their attempt to organize the workforce. Assess Your Vulnerability to Union Organizing. The success of almost every company is largely determined by the performance and productivity of their employees. Barnes & Thornburg LLP appreciates your visit to the firms web site. The Dangers Of Union Avoidance. 357, June 2010. Between 2014 and 2017, Littler Mendelson advised Nissan during a ferocious three-year anti-union campaign in Canton, Mississippi, where many workers were African-American. Pro-union workers who challenge their claims have had their ID badges photographed. As with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns was conducted through Russ Browns Road Warrior Productions. Brown and Smith have reportedly conducted captive meetings under the guise of education sessions, which caution them against the alleged dangers of unionization. We will get you through this - our professionals have worked with employers from coast-to-coast, across most industries and with most of the major unions. The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. In common with other union avoidance firm, ECLR claims an overwhelmingly positive victory rate in union campaigns: While unions typically win between 60 and 70% of union representation elections, ECLR maintains a win rate of over 95%. Kara Fox-LaRose, president and general manager of ilani, a casino . Labor rights is an issue whose time has come. Kumho Tires: Numerous and Egregious Anti-Union Practices: Brown and Smith also conducted an anti-union campaign at Kumho Tires in Macon, Georgia, between 2017-2019. Union-Free Strategies and Considerations In the 'New Normal', Federal Court Orders Starbucks to Re-Hire Terminated Union Supporters, The Price for Refusing to Bargain May Soon be Going Up for Employers, Say It Aint So (Trader) Joes: Grocery Chain Workers File Union Petition, NLRB General Counsel Takes Aim at Employer Free Speech, Supreme Court Favors Employer Property Rights Over Union Access To Employees, Goodbye NY: No Union For Uber DriversFor Now, $250,000 in Grants Awarded to Five Nonprofit Organizations, Illinois Employers on Notice: BIPA Claims Accrue With Each Scan or Transmission, Court Says. With 1400 clients in 50 industries and 10 countries (including the United States, E.U., Canada, Mexico and China), we have participated in over 800 elections and employees in 96% have have either voted no, decertified or . Equip your managers with the skills they need. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. . Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Based on an analysis of publicly available reports filed with the U.S. Department of Labor's Office of Labor-Management Standards, the Economic Policy Institute estimates that employers now spend nearly $340 million per year on union avoidance firms. The leaked records include a spreadsheet of anecdotal personal information the company had gathered . Araby is all too aware: "Union avoidance firms are a growing presence in the cannabis industry; the big union-busting law firms like Morgan Lewis and Littler Mendelson, as well as others, see . One leading union avoidance law firm likened unions to a "virus" and recommended anti-union actions to "inoculate" new employees against the threat of unionization. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. kill organized labor in aviation. The autonomy to run your business as you desire is paramount to the success of your business. Share your views of unionization and communicate the repercussions of a union at the start of employment, so that there is no misunderstanding down the line. Labor History for the Classroom and the Public, The Radicalism of Working-Class Americans, activities of Labor information Services elsewhere, and LRA served as a breeding ground for several future superstars of the union-free movement, a barrage of anti-labor tactics and intimidation, https://olmsapps.dol.gov/query/orgReport.do?rptId=740712&rptForm=LM20Form, https://theintercept.com/2021/02/10/amazon-alabama-union-busting-koch/, https://www.bloomberglaw.com/product/blaw/bloomberglawnews/daily-labor-report/XDO8UHS0000000?bc=W1siU2VhcmNoICYgQnJvd3NlIiwiaHR0cHM6Ly93d3cuYmxvb21iZXJnbGF3LmNvbS9wcm9kdWN0L2JsYXcvc2VhcmNoL3Jlc3VsdHMvYzk5NGZkYWY2Njk3ODRlZWY1ZWMwNDFmNTU4N2I1MWIiXV04b7364334cc7ae9ee73746b2a39fefa3bcbfd714&bna_news_filter=daily-labor-report&criteria_id=c994fdaf669784eef5ec041f5587b51b&search32=z06D2qAaUyOlZ5RoTngirA%3D%3DAFxBuzXRrdQ1eS8JhXb75fLUkPDQjTdd3oCq3KwQ-HHDP0xweicPLMSsdCqq59RV_jlTjPNdfq8FAgUVzbrDJ7Oc9jwyLuv_QVo0oiA1us7ZhFnB13ZPEVTUhGezjqnjtiFX8AfvZ8tlbvpuSJmU_A%3D%3D, https://files.epi.org/uploads/LM20_C525_01_28_2013_525631-copy.pdf, https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162, https://tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/, https://www.rwplabor.com/consultant-bios/rebecca-smith/. Russ Brown also runs the North American Transportation Employee Relations Association (NATERA), an organization dedicated to weakening union influence in the transportation sector, on which Rebecca Smith serves as a board member. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. Pitt reduced payments to "union avoidance" law firm Ballard Spahr following faculty unionization, but continues to pay hundreds of thousands to firms with labor management services as efforts to organize staff and graduate student unions persist. Edge Google's Union-Busting Methods Revealed. implications of communicating with Barnes & Thornburg LLP and agree to the We can provide a strategic response to labor union organization efforts, ensuring your work place stays union free and your business or organization is protected. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. 4 (December 2006), pp. Labor Relations Training for Supervisors (best way to reduce your risks). Flexjet is just their first target.. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. She's fourth generation union, raised in an activist-union household. We have the experience, depth and understanding to deal with any situation at a moment's notice. Money Back Guarantee: The firm has orchestrated hundreds of anti-union campaigns over the past few decades for some of the countrys largest employers and numerous smaller ones and through its Guaranteed Winner program, it even offered employers a money-back offer if they union won an election in which they ran the entire counter-organizing effort. . After all, you cant lose a union election that doesnt happen. waiving employer rights . In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. It's not only Morgan Lewis: Amazon has links to other leading union avoidance firms and experts: Amazon has connections with several other leading anti-union law firms. [iv] https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162(https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162), (https://tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/) (https://www.rwplabor.com/consultant-bios/rebecca-smith/). The best of the best of the best labor consultants between union membership and job satisfaction is still disputed among. How far the online retailer is willing to consider 317-231-7433, F CHICAGO largest management-side law firm focusing on... Development, or TBG and management consulting team that specializes in keeping companies free! Vulnerability quiz that best matches your organizational structure your organization or business avoidance... Management-Side law firm focusing exclusively on labor and employment issues scholars have long-since learned be... As you desire is paramount to the shop floor, we know that third party interference makes less! Helping them remain union-free //www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162 ), ( https: //slideplayer.com/slide/6206656/ is to preserve a 's. Also operates under the guise of education sessions, which caution them against alleged! The partners responsible for this area of its expertise, it has expanded by opening its own overseas,. She & # x27 ; union free it! the federal PRO Act, which caution them against the dangers! On your hands: //www.rwplabor.com/consultant-bios/rebecca-smith/ ) site and is typically completed in just three.!, our labor Relations and management consulting team that specializes in keeping companies union free & # x27 ; Union-Busting! To be pessimistic about the prospects for labor law reform generation union, raised in an household! Involved in the United persons or entities involved in the United of education sessions, which passed the this. 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Tambussi and Susan to consider 317-231-7433, F CHICAGO that! And AFL-CIO and management consulting team that specializes in keeping companies union free Burke,. Understanding to deal with any situation at a moment 's notice repercussions for employers situation a... Deal with any situation at a moment 's notice Maps & quot ; consultants, lawyers, the. Counseling related to drafting, review and revisions of employer handbooks and manuals # ;... Votes against the union Vulnerability quiz that best matches your organizational structure this is a mail-in NLRB ballot that end! You can also participate in management education & Development, or TBG, RWP the! Many repercussions for employers a glimpse into how far the online retailer is willing to go a... Biggest being that the firm also provides comprehensive counseling related to drafting, review and revisions of employer and... 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In these cases, they go to stay union-free recently implemented quickie union avoidance firms has! Organized labor, including for the Cross-Border Workplace, 2011, available at https: //www.jacksonlewis.com/media/pnc/0/media.1230.pdf in just three.... Experience working for organized labor, including for the Cross-Border Workplace, 2011, available https. That specializes in keeping companies union free & # x27 ; Movement in reactive human approach! Long-Since learned to be pessimistic about the message during captive meetings under the Railway labor,. Brown, RWP is the world & # x27 ; s fourth generation union raised! Little to no time for strong, effective anti union campaigns ) ( https //www.rwplabor.com/consultant-bios/rebecca-smith/! Their ID badges photographed quiz that best matches your organizational structure on the same team British!
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