Here is a sample of what we found: Amazon. We are, at times, more than lawyers, we are advisers bringing new ideas to light. In 2017, for example, NATERAs annual conference included a pre-conference workshop featuring union avoidance and campaign simulation, run by the anti-union law firm, Jackson Lewis, which was tailored to the transportation industry.. 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. But several U.S. union avoidance firms have recently sought overseas markets for their expertise. With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. Beginning in the 1950s, an industry of consultants and law firms started advising companies on how to avoid unionization campaigns. 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. 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. When Britain introduced its new union recognition law in 1999, one U.S. firm wrote: "Sixty-five years' U.S. experience with union organizational experience provides valuable parallels from which U.K. employers can learn how to stay union free. These firms include IRI Consultants, recently hired by Google, and the anodyne-sounding Labor Relations Institute, which the report says is one of the nation's largest union-avoidance firms. Preparing a first round of union avoidance materials. 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. kill organized labor in aviation. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . In what they called a fresh perspectives from the ILO, Littler attorneys (who have represented Delta on labor issues) wrote that the Delta decision was of tremendous significance and the first definitive statement by the ILO to confirm that the right of employers to express their opinion about labor unions trying to organize their employees under U.S. law is consistent with international law. Jackson Lewis concluded that, with the Delta decision, the ILO had effectively endorsed employers use of third-party persuaders or management consultants to communicate directly with employees about managements opposition to unionization.20 International labor organizations protested their interpretation of the Delta decision, but union avoidance law firms have continued to cite it in policy briefs, newsletters, conference presentations, blog posts, and at every other opportunity. Union avoidance firms, which exploded in the U.S. in the 1970s, have played a key role in reducing the proportion of private sector workforces that are unionized today. Google's Union-Busting Methods Revealed - THE TOP 25 MOST CENSORED STORIES OF 2020-2021. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay Don't wait to take back the control you've worked so hard to achieve. . Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. 310-284-3894, F With ANHS, we make sure you stay union-free. 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. Convince your employees to stay union-free. 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. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. to discredit them through global campaigns.8 Likewise, one senior Ogletree attorney (who advised the U.S. employer group at the ILO) has defended clients in global corporate campaigns.9 The firm states that it responds to all forms of union organizing activity, including global attacks.10 Jackson Lewis, meanwhile, has warned employers that global corporate campaigns are about to turn nasty,11 and predicted that, as multinationals struggle with more sophisticated union tactics, international corporate campaigns may shift more toward the American-style of organizing and counter-campaigns, particularly in European countries.12, Union avoidance attorneys have cautioned against signing global framework agreements with global union federations because they provide labor with ammunition and can deny a business the use of union avoidance measures.13 Littler attorneys have criticized Swedish fashion retailer H&M for signing an international framework agreement with UNI Global Union and a neutrality agreement with the United Food and Commercial Workers, which resulted in the unionization of over 2000 retail workers in New York City and Long Island. Fortunately, you don't have to know the answer -- because we do. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . 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 . Since the 1990s, not much in management's union-avoidance playbook has changed. 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. 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. She's fourth generation union, raised in an activist-union household. Thanks to the video criticizing Amazons anti-unionism tweeted by President Biden and the RWDSUs inspirational campaign at Bessemer, the PRO Act is arguably now in a league that EFCA failed to achieve. 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. . Hotel Information. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Information is found on slide 7. 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. as confidential. Training and Strategy If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. . Firefox 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. 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. Terms of Use & Disclaimer. February 26, 2023 by Sara Blackwell. Through overseas offices or strategic alliances, Littler Mendelson, Ogletree Deakins, Jackson Lewis, and Fisher Phillips have expanded their reach to Latin America, Europe, and Asia. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. to be confidential until the attorney verifies that the firm does not represent other Unfortunately, as critical as the supervisors role is, our union relations consultants have found that many companies spend very little time training and educating their supervisors. 614-628-1433. 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 . In the 1970s and 1980s, 3M conducted thousands of anti-union campaigns with over 70 anti-union consultants, including Marty Levitt, who renounced his former profession in the late 1980s and published a tell-all memoir, Confessions of a Union Buster, in which he detailed a dirty business which was populated by bullies and built on deceit.. The Great Railroad Strike of 1877 in . Prevent Costly and Disruptive Union Organizing Campaigns. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. In the 1960s and 1970s, the industry was spurred on by multiple former LRA personnel, including attorneys Louis Jackson and Robert Lewis of New York-based Jackson Lewis, one of the biggest anti-union law firms of the past four decades, along with Chicago-based consultant John Sheridan and Herbert Melnick, founder and chairman of the notorious Modern Management Methods (3M) firm. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. And . 4 Issues In Play As New Biden . This guy, Russ Brown, is looking to. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. And that's made employers extremely vulnerable to unionization. Smith has worked for several anti-union consultant firms, including LRI, East Coast Labor Relations (formed by Joe Brock, which is also affiliated with LRI) and Reliant Labor Consultants. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. Littler opted for overseas offices rather than forming international alliances with overseas firms in order to provide clients with a coordinated service. The U.S. branch operates as a separate financial entity, but Littler Global is really trying to be one firm.3. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. 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). . Opera. Link to book room. The Growing Impact of Social Media on Employees, Unions, and Labor Relations, Adams Nash Haskell & Sheridan Offers Free Vulnerability Quiz, Heads Up Supreme Court Lands Knockout Punch on Public Sector Unions And Perhaps Beyond, Heads Up New NLRB General Counsel Comes In Smoking, Strike4Democracy: What You Need To Know As A Business Owner, 2016 UNION MEMBERS REPORT DATA INFO-GRAPHIC. . We use cookies on this site to enhance your user experience. Both Russ Brown and Rebecca Smith have worked for LRI directly, and continued to do so, even after establishing their own anti-union consultant firms. Oregon enacted such a law since 2010, and in November 2020 the Trump NLRB sued for a second time to overturn the law, which has thus far not been actively enforced. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. Our team has also helped companies avoid hundreds of campaigns across the country, including UAW, Steelworkers, Teamsters, CWA, IBEW, UFCW, UNITE-HERE, IAM, AFTRA, SEIU, The Laborers, GMPP, Sheet Metal Workers, 1199, just to name a few. The Dangers Of Union Avoidance. These firms often provide so-called union vulnerability assessments, which are usually based . This is a mail-in NLRB ballot that will end on March 29. Google's Union-Busting Methods Revealed. The leaked records include a spreadsheet of anecdotal personal information the company had gathered . After all, you cant lose a union election that doesnt happen. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. . 317-231-7433, F 1. 357, June 2010. The NLRBs recently implemented quickie election rule has many repercussions for employers. Dont think there wont be repercussions. Kara Fox-LaRose, president and general manager of ilani, a casino . Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. Unless otherwise agreed in advance, all unsolicited 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. For a complete list of our services please visit our services page. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. 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. 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. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . 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. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. 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). advice. 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. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. Smith has also run several union avoidance firms of her own, including Taltos Consulting and, currently, Rock Creek Consulting, conducting dozens of high-profile anti-union campaigns, including at General Electric. But since the campaign first went public in August of last year, Starbucks HQ and its union-avoidance law form, Littler Mendelson, has mounted a blistering anti-union campaign to try to stop workers from self-organizing: it . Here are some of the most well-known companies in America and how much they've spent on union-busting firms. 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 . The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. For this to happen, much depends on the employees day-to-day relationship with their immediate supervisor. Union avoidance is a multi-million dollar business. 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. 2023 Barnes & Thornburg LLP | Attorney Advertising, Barnes & Thornburg Racial and Social Justice Foundation, Diversity, Equity and Inclusion Commitment, Creating an environment where employees are comfortable speaking to management about issues and concerns, Engaging a management team that is willing and able to listen to these concerns, Providing a culture and operational structure that allows the management team to follow up and act effectively to correct these issues when necessary. 312-759-5646, F Brown has used CIE to promote decertification campaigns in the airline and other industries, as discussed below, which are campaigns in which he is not being paid directly by the company involved with the decertification effort. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. Mission Hospital: A Relentless anti-union campaign during the pandemic: In addition to the Amazon campaign, Brown and Smith have worked on several other recent high-profile anti-union campaigns, including among nurses at Mission Hospital, owned since 2019 by the for-profit healthcare system HCA, in Asheville, North Carolina. Make the environment an overall great place to work, and employees will share in that excitement. 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. 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. 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. Union avoidance cannot be done haphazardly, part-time, or after other "more pressing" matters are complete. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Brown and Smith have reportedly conducted captive meetings under the guise of education sessions, which caution them against the alleged dangers of unionization. Even before it engaged the services of these two anti-union consultant firms, Amazon had hired Morgan Lewis, one of the nations largest law firms specializing in union avoidance activities. Chrome Question. Julia Rock. Equip your managers with the skills they need. The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. We estimate our team has helped manage hundreds of union organizing attempts and/or campaigns, and our clients have obtained favorable results in more than 96% of the campaigns in which we have been involved. 616-742-3999, F Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. 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. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! 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. . . 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/. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. Union avoidance is a method companies use to keep unions out of their establishments. Don't forget to like us! . Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. Captivating Workers: Captive meetings mandatory group anti-union meetings which employees can be fired for refusing to attend have been a central feature of Amazons anti-union campaign at Bessemer. waiving employer rights . [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/). When it comes to unionizing, many can . Consultants . 540 N Michigan Avenue. 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. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. Visit our subscription center and let us know what you're interested in learning more about. 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. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. Employees see no way to address their issues beyond inviting outside help to disrupt your business. 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. Google's Union-Busting Methods Revealed. 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. 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 . 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. In 2018, Littler employed over 1000 attorneys in the United . Use a tool that provides enough detail to identify actual and potential issues. Union avoidance law firms have grown increasingly concerned that unions have used International Labour Organization (ILO) conventions and other international labor standards to advance organizing campaigns. This includes our Leadership Effectiveness Analysis, which helps your managers identify and leverage their strengths. 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. July 9, 2018 Will escalating , June 27, 2018 This morning the U.S. Supreme Court , The formation of unions is problematic to the overall structure , December 5, 2017 As anticipated, President Trumps new General , For the first time in 8 years, reason may return , Submerged beneath several feet of media chaff about General , The Bureau of Labor and Statistics released its 2016 Union . From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. Your employees are, too. After orchestrating hundreds of anti-union campaigns for some of the nations largest companies, LRA was effectively forced out of business due to the negative publicity from the high-profile McClellan Committee hearings, after it detailed LRAs complicity in corruption. 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. 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 . 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. We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. 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 . The firm, which raked in more than half a billion dollars in revenue in 2021, has advised large corporations including Ikea and more recently museums, nonprofits, and universities on their anti-union efforts. The most important point is to practice good employee relations, Davis said. In 2018, Google dropped its long-time slogan, "Don't be evil" from its code of conduct. Should you choose to contact an attorney at Barnes & Thornburg LLP (via In addition, for those companies with more than one location, a union victory at one job site can encourage the union to attempt organizing at other company locations. 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 . 4 (December 2006), pp. In these cases, they go to a third party for help, and you have a union on your hands. The autonomy to run your business as you desire is paramount to the success of your business. Business less productive and less competitive out of their establishments mail-in NLRB ballot that will end on March 29 companies!, but Littler Global is really trying to be one firm.3 and have! Francisco State University lose a union election that doesnt happen us on Twitter @ LAWCHA_ORG or LaborOnline... Once again, communication is critical here, and your first line of defense is managers of..., 1998, 2000, and union avoidance firms & # x27 ; ve on. 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