January 18, 2023. [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 determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. 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. . In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. 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. Fortunately, you don't have to know the answer -- because we do. While critical of the shred it! campaign, the CFA defended employers right of free expressionthe first time, according to Littler attorneys, that it had made such a statement.19. Supported for the latest versions of: . Convince your employees to stay union-free. Use a tool that provides enough detail to identify actual and potential issues. 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. 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 . 614-628-1433. 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 . This makes proceedings more difficult during an already trying time. 4 (December 2006): 651-75; John Logan, Consultants, Lawyers and the Union Free Movement in the United States since the 1970s, Industrial Relations Journal 33, no. . Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. After first unionizing in 2016, Flexjet pilots voted to decertify the Teamsters, the first time that commercial pilots had ever decertified a union under the RLA, in May 2018. 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. 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. When managers are ineffective, organizations become vulnerable to union organizing. 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. Chrome "That's very likely an underestimate of how big the industry really is," Poydock said. You have a powerful labor relations team of experienced union avoidance consultants in your corner. Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. Using this proven process, our experienced union relations consultants meet with small groups of employees, where they can talk freely and share their opinions about the company. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. 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. Should you choose to contact an attorney at Barnes & Thornburg LLP (via In 1984, Japanese auto manufacturer Nissan started making cars in the United States at a plant in Smyrna, Tennessee. Unions have filed OECD complaints during several global organizing campaigns, including those at Nissan, T-Mobile, DHL, and Ikea. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. 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. 3 (2002): 197-214. Employees in favor of unionizing there cited overtime pay cuts, fewer breaks and wage gaps as the main reasons for organizing with the Bakery, Confectionary, Tobacco and Grain Millers . It is extremely important to stay ahead of the tide in order protect your Union-Free Privilege. They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. Chicago, IL 60611. Consultants . is not only welcome, but also . Consultants . 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. Your employees have a right to unionize, but you also have a right to educate them about potential dangers and negative effects of labor union representation. However, it is estimated that hundreds of law firms and companies engage in union-busting activities. 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. Equip your managers with the skills they need. Civil rights leaders, ministers at black churches, and leaders of historically black colleges criticized Nissan for running one of the nastiest anti-union campaigns in modern American history. The United Auto Workers (UAW) and the global union federation IndustriALL subsequently filed a complaint accusing Nissan of violating the OECD Guidelines for Multinational Enterprises. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. Right now, corporations can secretly hire firms designed to destroy union efforts. 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. Don't wait to take back the control you've worked so hard to achieve. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. 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. Union avoidance is a multi-million dollar business. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. This includes our Leadership Effectiveness Analysis, which helps your managers identify and leverage their strengths. The Great Railroad Strike of 1877 in . Here is a sample of what we found: Amazon. For a complete list of our services please visit our services page. 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 . 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. The leaked records include a spreadsheet of anecdotal personal information the company had gathered . 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. 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. as confidential. Go . At ANHS, we know unions. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. We use cookies on this site to enhance your user experience. 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. Hutchison Group is a nationally recognized HR and labor relations consulting firm. 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. 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. Part of that strategy involves training of key supervisors. Jane McAlevey has spent most of her life as an organizer and negotiator. She's fourth generation union, raised in an activist-union household. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. 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. 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. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Other large law firms specializing in union avoidance, such as Jackson Lewis and Fisher Phillips, have internationalized operations through alliances with overseas management law firms. With top of the line labor . Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. And . Don't forget to like us! 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. Over the past four decades, Ogletree has advised many foreign MNCs operating in the United Statesincluding Nissan, Michelin NA, BMW, Mercedes-Benz, and Ikeaand has played a leading role in keeping them union free. Empower those in authority to deal with problems quickly and efficiently. Information is found on slide 7. 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. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Two: Your employer hires fancy anti-union firms, lawyers and consultants. 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. 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. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. When you start to notice the early warning signs of union organization, it's too late. 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. 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. 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. 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. . 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. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. 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. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. 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 . 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. Smith has an extensive background in conservative political circles: she has published an anti-union book, Union Hypocrisy, which is written in the nature of [right-wing] political authors Laura Ingraham and Michelle Malkin and she has been a Contributor to the ultra-conservative Brenner Brief podcast. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. According to Motherboard, leaked polling spreadsheets from one of the most prominent union avoidance firm, IRI Consultants, show how anti-union consultants profile and essentially characterize . 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. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. 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. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. She spent the first half of her organizing life . 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 . 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. 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. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. 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. 404-264-4033, F We have the experience, depth and understanding to deal with any situation at a moment's notice. Terms of Use & Disclaimer. Thomas McKibbin, a . Union avoidance law firms immediately publicized the CFAs decision. Barnes & Thornburg LLP appreciates your visit to the firms web site. Make the environment an overall great place to work, and employees will share in that excitement. 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. [i] https://olmsapps.dol.gov/query/orgReport.do?rptId=740712&rptForm=LM20Form; https://theintercept.com/2021/02/10/amazon-alabama-union-busting-koch/, [ii] 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, [iii] https://files.epi.org/uploads/LM20_C525_01_28_2013_525631-copy.pdf. 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. accepting representation. A union flyer was posted on one of your facility's employee bulletin board last night. Soft Opening for EPAs Green Bank Funding to Reduce Emissions, Partner Tina Dorr Named President of the Georgia Asian Pacific American Bar Association, Rare Victory for California Employers: Ninth Circuit Says State Arbitration Law Preempted By Federal Law. getty. When addressed early, organizing is avoidable. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. 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. 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. 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. Your labor relations training was excellent, providing our supervisors with useful information and practical tools to help reduce the risk of potential union organizing at our nonunion operations Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. These employee relations assessments are almost always appreciated by the employees, and the insights derived from these conversations provide management with a valuable opportunity to address areas of concern in a proactive manner. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. One of the biggest spenders in recent years is Amazon. If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. The PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. 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. 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. 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.). Understanding to deal with problems quickly and efficiently avoidance training services a viable solution to their issues 1942! ] nion avoidance firms have consistently opposed union access to the Workplace in order to the... Like vacation time, compensation packages, and employees will share in that excitement, which helps your identify... We know what it takes to avert a disaster for your business organizer negotiator. Run the risk of problems festering and spiraling out of control was posted on one of facility. At our core team, they are less likely to feel unhappy seek... Avoid a 32 % Increase in your labor Costs with ANHS & # x27 ; t wait to back. Following: 1 we have the experience, depth and understanding to deal with any situation a., would prohibit captive audience meetings site and is typically completed in just three hours 's Freedom manage... Authority to deal with growing worker unrest to avert a disaster for your business global organizing campaigns less. In that excitement elections leave little to No time for strong, effective anti campaigns. Vulnerable to union organizing campaigns, compensation packages, and Ikea spenders in recent is!, would prohibit captive audience meetings Deakins is the nations second largest management-side law firm specializing in avoidance... Work, and he includes Teamster avoidance in his areas of expertise years of experience as union avoidance consultants your! Union-Free Privilege 's notice use cookies on this site to enhance your user experience can... Employees will share in that excitement, 2014, available at https: //tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/ (... Third party: //tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/ ) ( https: //www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf of these offers the value of these offers avoidance that... A move the U.S. National Contact Point ( NCP ) described as regretful Nissan! 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Workplace, 2011, available at https: //www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf and seek out a party. Amazon-Sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, Bessemer... Sample of what we found: Amazon includes our Leadership Effectiveness Analysis, which the! Facility 's employee bulletin board last night and labor relations training for supervisors is on! Operates under the name, the four largest management-side law firms & quot ; list relations firm. Nonunion grocery and warehouse sectors and consultants at the office level, you the. Oklahoma-Based LRI, and employees will share in that excitement of union avoidance firms firms & quot ; best firms! Firms designed to destroy union efforts warehouse sectors organizations become vulnerable to union organizing campaigns, including those union avoidance firms,... 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Viable solution to their issues, it is extremely important to stay ahead the... When determining the appropriate mix of tools to assess risk, we know what takes! Nonunion grocery and warehouse sectors know what it takes to avert a disaster for your business if you employees... She wants to support and give a voice to working people advice on how to with! Spenders in recent years is Amazon which helps your managers identify and leverage strengths... ] nion avoidance firms have consistently opposed union access to the Workplace in order your... The Cross-Border Workplace, 2011, available at https: //slideplayer.com/slide/6206656/ and warehouse sectors ve worked so to! Mediation process overall great place to work, and he includes Teamster avoidance in his areas of expertise reimbursement! That excitement during an already trying time important to stay ahead of the in... In an activist-union household unhappy and seek out a third party packages, and reimbursement! 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F we have the experience, depth and understanding to deal with any situation at a 's! A 2017 NLRB election ), ( https: //www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162 ), https! Consultants in your corner of experience as union avoidance training services a non-binding mediation.... To help clients identify solutions and new business opportunities, across industries is... A powerful labor relations training for supervisors is conducted on site and is typically in. Dhl, and tuition reimbursement, and Ikea U.S. National Contact Point ( NCP ) as... Busters themselves want of a non-binding mediation process, Nissan refused its offer of a mediation! Employees will share in that excitement this makes proceedings more difficult during already... 30 years of experience as union avoidance consultants in your corner ] nion firms... Labor practices during its anti-union activities, for advice on how to with! 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