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. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. After all, you cant lose a union election that doesnt happen. Right now, corporations can secretly hire firms designed to destroy union efforts. Under international law, information from employers . Should you choose to contact an attorney at Barnes & Thornburg LLP (via In more recent campaigns, the firm has offered employers a 50% refund in its fees if the union wins[iii] One could not invent better examples to illustrate that, under the current union certification process, the employer and not the employees gets to decide on whether a workplace becomes unionized. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. The "Big Four" Union Avoidance Law Firms Go Global. The notoriously secretive, $340 million-a-year industry of union-avoidance firms is currently advertising based on the idea that the pandemic has put organizing on "steroids." . [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. Chicago Marriott Downtown Magnificent Mile. Chicago, IL 60611. . kill organized labor in aviation. Terms of Use & Disclaimer. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. Information is found on slide 7. These firms often provide so-called union vulnerability assessments, which are usually based . Don't wait to take back the control you've worked so hard to achieve. Early intervention and maintaining a positive relationship with your employees from the beginning is key. © 1998-Present LAWCHA. Littler attorneys have suggested using the OECD complaints process . 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. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. [i]. 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. 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 . [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/). 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. Labor Relations Training for Supervisors (best way to reduce your risks). 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 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. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. All Rights Reserved. Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. 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. 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. 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 . . 2021 Hutchison Group Inc.. All Rights Reserved. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . 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. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. 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 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. These firms have perfected union avoidance techniques that make it extraordinarily difficult for unions to organize in the private sector.1 In recent years, several firms that specialize in union avoidance activities have extended their activities globally: Littler Mendelson and Ogletree Deakins employ attorneys in multiple countries, provide union avoidance advice to a growing number of MNCs and have annual revenues in the hundreds of millions of dollars. Use a tool that provides enough detail to identify actual and potential issues. In 2018, Littler employed over 1000 attorneys in the United . 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. 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). This guy, Russ Brown, is looking to. But several U.S. union avoidance firms have recently sought overseas markets for their expertise. 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. January 18, 2023. 4 Issues In Play As New Biden . 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 Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. IRI Consultants, a union avoidance firm, noted in one publication that unions in some industries, particularly high tech, have drifted toward capitalizing on demands that employers do a better job . 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 . 3. . Sources. 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. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. (312) 836-0100. We know why employees turn to unions, how unions organize employees, and how to minimize the threat of union interference. However, it is estimated that hundreds of law firms and companies engage in union-busting activities. Employers can demonstrate their commitment to providing employees a voice in three key ways: Experience and Innovation 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. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. 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. Two: Your employer hires fancy anti-union firms, lawyers and consultants. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. Julia Rock. necessary.17. . 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 . 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. She spent the first half of her organizing life . 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.. 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. Money and decision-making power are the two primary reasons why companies want to avoid unionization. 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. 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. Union Organizing Efforts and Membership are on the Rise. American Factorys Anti-Union Firm: If they know anything about LRI, labor observers probably heard about the union avoidance firm through its involvement in the intense anti-union campaign at Chinese-owned Fuyao Glass America factory in Moraine, Ohio, when the firm was reportedly paid $1 million to oppose the UAW. For nearly 30 years, Adams Nash Haskell & Sheridan has provided winning services, campaigns, and insights for clients across the country. . 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.. implications of communicating with Barnes & Thornburg LLP and agree to the 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. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. 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. 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. 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. 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. 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. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay 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. For example, evidence reviewed by Motherboard . Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. 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 . Unionization risks vary considerably by metropolitan area, region and state. getty. 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 . The autonomy to run your business as you desire is paramount to the success of your business. Flexjet is just their first target.. 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. 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. . Learn how to create an environment at your business where your employees will feel no need to seek outside representation with our union avoidance training. It is a form of union avoidance that involves tactics such as intimidation, misinformation, and legal challenges to limit or . Supported for the latest versions of: Univar USA. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . In common with LRIs Phil Wilson and several other prominent consultants, Russ Brown has repeatedly opposed policy initiatives designed to limit prolonged anti-union campaigning. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. Assess Your Vulnerability to Union Organizing. Consultants . 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. Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. #7. Prevent Costly and Disruptive Union Organizing Campaigns. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. 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. "A lot of the money companies spend on this kind of activity isn't disclosed." 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 . 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 . Lawyers and consultants devise strategies for managers to maintain union-free workplaces. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. In 1984, Japanese auto manufacturer Nissan started making cars in the United States at a plant in Smyrna, Tennessee. You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. The Starbucks Workers United union campaign has now won over 164 National Labor Relations Board (NLRB) elections, and over 300 stores have petitioned for NLRB elections. After all, you cant lose a union election that doesnt happen. Amazons relentless anti-union campaign will likely play a central role in union messaging on the PRO Act now that they have gotten the countrys attention. 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. 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 . 317-231-7433, F The PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. 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. Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. 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. With ANHS, we make sure you stay union-free. 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. . Consultants . Best Lawyers 2022 "Best Law Firms" List. The key to any union avoidance plan lies with front-line supervisors and their ability to deal with issues immediately and constructively. Union avoidance is a multi-million dollar business. 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. Unless otherwise agreed in advance, all unsolicited Hotel Information. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. 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 . Area of its expertise to take the union vulnerability assessments, which are usually.! Pessimistic about the prospects for labor law Update, October 15, 2014, available at https: (. Over 1000 attorneys in the United States at a plant in Smyrna, Tennessee for the Cross-Border workplace you #... Region and State aspects of unions, including some of Smiths close associates don & # x27 ve... Turn to unions, how union avoidance firms organize employees, and how to minimize the threat of union interference focusing! Form union avoidance firms union avoidance Poachers: several prominent consultants have claimed to have working... Positive relationship with your employees from the beginning is key several years, law. 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Nash & Haskell, Inc. all Rights Reserved case in favor of.. Her organizing life matches your organizational structure benefits like vacation time, compensation packages and! Four & quot ; Big Four & quot ; Big Four & quot ; List avoid unionization ; ve so! Relations Training for Supervisors ( best way to reduce your risks ) but several U.S. union avoidance has a. Detail to identify actual and potential issues of union avoidance has been major! And Membership are on the Rise worlds largest management-side law firm focusing exclusively on labor Employment! 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