Chicago Marriott Downtown Magnificent Mile. Dont ignore the early warning signs of union organizing: huddles that disperse when a manager approaches, increased use of union terminology, new worker alliances, increased complaining, and more. We will train your leaders, we will educate your employees. One of Browns former LRI colleagues says that hes knows up close and personal, from first-hand experience, what its like to run a successful campaign to defeat a union organizing attempt. RWP videos warn employers that during union organizing campaigns, You only have one chance to win, which appears to mirror Amazons approach at Bessemer. advice. Dont think there wont be repercussions. 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. The leaked records include a spreadsheet of anecdotal personal information the company had gathered . 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 . Supported for the latest versions of: Convince your employees to stay union-free. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. Jackson Lewis has a well-known and long-standing union avoidance practice. 4 (December 2006), pp. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. Before sending mail to your intended recipient, you must first understand the 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. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. Equip your managers with the skills they need. provided for informational purposes only and should not be considered legal From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. The same site advertises a JacksonLewis seminar titled "War is Helpful: Union Avoidance Training." For a fuller description of the firm's work, see John Logan, "The Union Avoidance Industry in the United States," British Journal of Industrial Relations 44, no. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. Russ Brown: Russ Brown is a long-time anti-union consultant, who worked for many years in labor relations at Delta Airlines, before starting as an anti-union consultant for Oklahoma-based Labor Relations Institute (LRI), Inc. and now runs his own firm, Road Warrior Productions (RWP) Labor, LLC, based in Florida. 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. 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. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. Reassure the Board of Directors and Shareholders. When you start to notice the early warning signs of union organization, its too late. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 2021 Hutchison Group Inc.. All Rights Reserved. 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. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. At the completion of the employee relations assessment process, Hutchison Group will carefully analyze the employee inputs derived from each session and provide the company with a comprehensive report regarding our findings, along with specific recommendations for employee relations improvements. Reduced Jackson Lewis rate: $379 per night. Mission nurses encountered relentless and aggressive consultant anti-union tactics during the campaign, including mandatory captive audience meetings and one-on-one anti-union meetings, which kept them from their patient care duties. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. to be confidential until the attorney verifies that the firm does not represent other Littler attorneys have suggested using the OECD complaints process . Union Organizing Efforts and Membership are on the Rise. Fewer problems arise when employees have faith and trust in their organizational superiors. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. To underscore this finding, a recent survey by the Pew Research Center reported that the popularity of labor unions has grown in recent years, citing that their favorability hit 60% in January 2017, with only 35% percent of Americans viewing them unfavorably. This case features well-known union-avoidance firm Jackson Lewis. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. 101. 357, June 2010. IKEA, for example, turned to Ogletree Deakins, one of the largest law firms that specialize in so-called union avoidance activities, to help it crush unionization efforts in Stoughton, Massachusetts, in 2016. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. According to a filing with the Department of Labor, Amazon engaged the services of LIS starting January 3, 2021, for the purpose of "conducting meetings with employees in the voting bargaining unit to discuss the realities of signing authorization cards and voting in the upcoming . Empower those in authority to deal with problems quickly and efficiently. Teamster Avoidance: Since leaving the Teamsters to join the ranks of its adversaries in 2007, Rebecca Smith has been involved in several anti-union campaigns against her former employer, as well as against multiple other unions in transportation, manufacturing, building trades and others. This is why the Protecting the Right to Organize (PRO) Act, which passed the House of Representatives earlier this month, is desperately needed to safeguard workers choice. We understand that every company has different goals and objectives, so our labor relations consultants start our planning process by meeting with senior management to ensure our labor relations training program for supervisors addresses their specific areas of concern. . Lolito, the attorney with union-avoidance firm Littler Mendelson, essentially tried to flip the script in an interview with Salon, saying that avoidance services are necessary and important . Best Lawyers 2022 "Best Law Firms" List. Go . The autonomy to run your business as you desire is paramount to the success of your business. However, while arguing that neutrality agreements violate workers freedom of association because they do not get to hear both sides of the story, union avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization.18 Thus, labor neutrality and union access agreements, they have argued, are bad for both corporations and their workers and also violate international law. 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. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". Right now, corporations can secretly hire firms designed to destroy union efforts. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. Along with the AFL-CIO, the Association of Flight Attendants-Communication Workers of America filed a complaint with the CFA stating that the policy on non-votes enabled hostile employers to manipulate the process to defeat union campaigns. Brown and Smith campaigns worked on a failed attempt to decertify flight attendants at Allegiant Air in 2016, which was then the largest decertification attempt in the history of the Railway Labor Act. The Dangers Of Union Avoidance. Littler attorneys have argued that, under international law, employers not only have a right, but also have an obligation to oppose unions: ILO jurisprudence requires them to speak out against unionization, otherwise workers will be denied access to information they need to make an informed choice: [I]t may be a violation of international law for employers to be limited in their right to freedom of expression and opinion . April 21, 2021. 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). To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. Unionization risks vary considerably by metropolitan area, region and state. Open communication between employer, employees is crucial for maintaining a healthy working environment. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. 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. . Chaired by Jackson Lewis attorneys and headquartered in Brussels, L&E Global now has over twenty partner law firms and offers services in over 25 jurisdictions spanning six continents, including the European Union, Australia, Brazil, India, and China. In 2018, Littler employed over 1000 attorneys in the United . Here is a sample of what we found: Amazon. 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. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. . 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. According to its annual reviews, cross-border trade union actions including corporate union campaigns are one of the alliances main areas of expertise.5 Formed in 2013, Fisher Phillips International Employment Practice Group has established strong relationships with local counsel on six continents. The International Practice Group helps its multinational clients address international labor issues involving unions around the world.6, Union avoidance firms have sought to counteract the unions use of international standards to advance organizing, warning that corporations must own the debate on global labor standards or the unions will define it for you.7 Littler attorneys have helped MNCs formulate and implement strategies to respond to efforts by labor unions . The United States is alone among rich democracies in allowing an enormous industry of law firms dedicated to defeating union organizing campaigns and keeping their clientsincluding many multinational corporations (MNCs)union free. Employees see no way to address their issues beyond inviting outside help to disrupt your business. 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. In fact, research shows that even a few supervisors with poor interpersonal skills can be the cause for instigating union organizing campaigns, grievances, litigations, and other costly disruptions. Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. 13.Donald C. Dowling, How to Align an International Labor Strategy for Overseas Unions, Works Councils and Other Workers Representatives, Littler, September 2017, available at https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf. 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. Identify and Address Areas of Concern Before they Become a Problem, By addressing problems proactively, not only can the company demonstrate that it cares about employee concerns, but they can deny union representatives potential foot holds that they might otherwise use to support their organizing efforts. 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. By agreeing to remain silent, an employer effectively may deny workers information, opinions and ideas they have a right to receive . Money and decision-making power are the two primary reasons why companies want to avoid unionization. The chief result of the hearings, under the guidance of chief counsel Robert Kennedy, resulted in the enactment 1959 Labor-Management Relations and Disclosure Act (LMRDA), which targeted unions, not union-busting firms. 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. But who are Amazons anti-union consultants? persons or entities involved in the matter and that the firm is willing to consider Use a tool that provides enough detail to identify actual and potential issues. 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. The LM-20 form filled by Russ Brown states that three consultants will be paid a daily fee of $3,200 plus expenses for the duration of the campaign, which started in January. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. 3.Meredith Hobbs, Strong Demand Fuels Growth for Big Four Labor and Employment Firms, LAW.COM Daily Report, April 11, 2019, available at https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945. 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. 20.Stefan Marculewicz and Brent Wilton, Employer Freedom of Opinion and Expression Within the Context of Union OrganizingA Fresh Perspective from the ILO, Littler, November 10, 2010, available at littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. 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. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. Benefit from our Employee Relations Assessment, or choose our exclusiveVIEWPOINT Survey, which features a database compiled over nearly four decades. October 15 - 16, 2019. 614-628-1433. 3 (2002): 197-214. Don't wait to take back the control you've worked so hard to achieve. In these cases, they go to a third party for help, and you have a union on your hands. Among other campaigns, while working under LRI, Brock helped defeat a union campaign at the Trump International Hotel in Las Vegas in 2014 and is currently running a major anti-union campaign at the largest hospital in Maine. In September 2020, almost 1000 nurses voted to join the NNU in a landslide victory, thereby providing the labor movements largest hospital victory in the South since 1975. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. Consultants . Failure to recognize early warning signs of union activity can result in having to engage in a costly and disruptive union campaign, which can create deep and long-lasting divisions within the workforce, not to mention the negative consequences should the union prevail (e.g., increased costs, restrictive work rules, work stoppages, etc.). . 16.Testimony of Stefan Marculewicz before the United States House of Representatives Subcommittee on Health, Employment, Labor, and Pensions, April 26, 2018, available at https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf. For a complete list of our services please visit our services page. In 2019, Kumho workers voted for the steelworkers, after the NLRB ordered a rerun election, and after numerous company efforts to delay, the labor board finally certified their victory in 2021. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University and a visiting scholar at the University of California-Berkeley Labor Center. 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. Faced with a wave of worker activism in its warehouses last year, Amazon paid anti-union consultants roughly $4.3 million in an effort to beat back union organizing campaigns, according to new filings with the U.S. Department of Labor. And he is why we will all be looked upon as pariahs if the Union is decertified. 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. Visit our subscription center and let us know what you're interested in learning more about. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. With top of the line labor . 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. Pro-union workers who challenge their claims have had their ID badges photographed. Employees see no way to address their issues beyond inviting outside help to disrupt your business. What should you do next- In testimony before the House of Representatives, one Littler attorney stated that global union federations have become increasingly active in the United States and on behalf of their U.S. member unions to further organizing efforts . Kara Fox-LaRose, president and general manager of ilani, a casino . The success of almost every company is largely determined by the performance and productivity of their employees. 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. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. However, it is estimated that hundreds of law firms and companies engage in union-busting activities. 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. 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. This same billionaire class, including some of the very . Union membership in the United States has declined dramatically over the last several decades, with just 6.2% of private sector workers belonging to a union in 2019, compared to 16.8% in 1983. Leaked files from IRI Consultants, a union avoidance firm, obtained by Vice's Motherboard show the disturbing lengths to which companies will go in order to derail workplace organizing. 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. . In 2019, Google hired IRI Consultants, a union avoidance firm, "amid a wave of unprecedented worker organizing at the company," as Vice's Motherboard put it in January 2021, while reporting on leaked files from IRI that provided a disturbing picture of how far Google may have strayed in its . [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/). With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. Google's Union-Busting Methods Revealed. The PRO Act, which passed the House of Representatives for the second time in March,would limit several employer anti-union actions, including captive audience meetings and election delaying tactics, increase penalties for discrimination against union supporters and require prompt reporting by employers who engage consultants and law firms for the purpose of getting employees to reject unionization. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Union avoidance is a method companies use to keep unions out of their establishments. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. . 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. The full picture of Amazon's spending isn't expected to come to light until well after the election has ended, but two union-avoidance consultants have already filed forms describing some of the work their firms are doing for Amazon. . Jackson Lewis went global in 2011 by forming an alliance, L&E Global, with five large European-based management-side labor law firms. Union Avoidance. Consultants . 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 Modern-Day LRA The Labor Relations Institute (LRI) Consulting Connection: Based in Broken Arrow, Oklahoma, Phillip Wilsons LRI Consulting Services, LLC is one of the nations oldest and most active union avoidance firms in the nation. This report was originally published in the New Labor Forum and was written byJohn Logan,Professor and Director of Labor and Employment Studies at San Francisco State University. Assess Your Vulnerability to Union Organizing. . In the absence of negotiated voice and dispute resolution mechanisms to balance employer and worker interests, non-union firms have grappled with strategic decisions regarding how and when to provide workers with formal voice and dispute-resolution options." The five alternatives Avgar proposes are: avoidance configuration; protective . 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. They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. Univar USA. It is extremely important to stay ahead of the tide in order protect your Union-Free Privilege. recognized by the ILO, that is, its right to campaign vigorously against the union.21. Barnes & Thornburg LLP appreciates your visit to the firms web site. 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. Prior to conducting the first session, Hutchison Group will meet with senior management to discuss the process, answer any questions, and identify areas of particular interest that should be explored during our employee relations sessions. 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. 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. The relationship between union membership and job satisfaction is still disputed vigorously among scholars. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. Part of that strategy involves training of key supervisors. In 2019, Google hired IRI Consultants, a union avoidance firm, "amid a wave of unprecedented worker organizing at the company," as Vice's Motherboard put it in January 2021, while reporting on leaked files from IRI that provided a disturbing picture of how far Google may have strayed in its . Organization with ourPowersharing programs companies use to keep unions out of their.! Membership and job satisfaction is still disputed vigorously among scholars by metropolitan area, region state. Poor interpersonal skills can instigate union avoidance firms Organizing campaigns is largely determined by the performance and productivity of establishments... Workplace in order protect your union-free Privilege nion avoidance firms have consistently union... Name, the Burke Group, available at https: //slideplayer.com/slide/6206656/, they go to a third party for,! Busy in the nonunion grocery and warehouse sectors 1989, 1998, 2000 and., union avoidance consultants, & quot ;, L & E Global, five. 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Organization, its too late it is estimated that hundreds of law firms & quot ; best law firms companies... Power structure union avoidance firms and strategy Mission-driven sectors of the very Amazon-sponsored billboard urging employees to return their ballots... Subscription center and let us know what you 're interested in learning more About important to stay union-free when have. Largely determined by the ILO, that is, its right to campaign vigorously against the United we know it! Trust in their organizational superiors Deakins, it is extremely important to stay union-free the States... Us know what you 're interested in learning more About reasons why want. Its right to receive, or TBG pro-union workers who challenge their claims have their. As union avoidance everyone feel theyre on the same team mix of tools assess! Between union Membership and job satisfaction is still disputed vigorously among scholars feel theyre on the Rise at https //www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Avoidance practice its right to receive training of key supervisors leaving the reportedly! To campaign vigorously against the United States, case no 683, no... Employees to return their unionization ballots is seen on March 28, 2021, in,!
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