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. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. Among other things, the Macon workers were threatened with losing their jobs if they voted for unionization. . All Rights Reserved. After all, you cant lose a union election that doesnt happen. 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. In 2018, Littler employed over 1000 attorneys in the United . Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. November 4, 2021. When addressed early, organizing is avoidable. 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 . 312-759-5646, F 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. accepting representation. 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. 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. In 2018, Google dropped its long-time slogan, "Don't be evil" from its code of conduct. 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. During the winter, The Hershey's Company hired six union-avoidance firms to block organizing efforts at its chocolate factory in Stuarts Draft, Virginia. 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. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Terms of Use & Disclaimer. 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. Three of the biggest law firms that do this work are Littler Mendelson, Ogletree and Jackson Lewis, which have grown from regional operations into global union avoidance behemoths. 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. 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. is not only welcome, but also . Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. . Money and decision-making power are the two primary reasons why companies want to avoid unionization. Univar USA. (312) 836-0100. . There seems little doubt that when the campaign at Bessemer is finally over, Amazon will have paid millions of dollars to its law firm and its union avoidance consultants. One commentator wrote about Brown on an online airline pilots forum: This guy is the reason American, Southwest, UPS and now ALPA are sending out letters letting us know they are watching this. Union avoidance is a method companies use to keep unions out of their establishments. With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. 1.John Logan, The Union Avoidance Industry in the United States, British Journal of Industrial Relations 44, no. Opera. Pro-union workers who challenge their claims have had their ID badges photographed. For example, evidence reviewed by Motherboard . 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. The NLRBs recently implemented quickie election rule has many repercussions for employers. With 1400 clients in 50 industries and 10 countries (including the United States, E.U., Canada, Mexico and China), we have participated in over 800 elections and employees in 96% have have either voted no, decertified or . Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. 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 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. 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. 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. © 1998-Present LAWCHA. February 26, 2023. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. Fortunately, you don't have to know the answer -- because we do. 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. 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. We have the experience, depth and understanding to deal with any situation at a moment's notice. 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. to be confidential until the attorney verifies that the firm does not represent other It is extremely important to stay ahead of the tide in order protect your Union-Free Privilege. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. Under the Obama Administration, the failure of the Employee Free Choice Act demonstrated that labor cannot withstand the lobbying of the anti-union right under normal circumstances. 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. . Hotel Information. Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. 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. 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. This case features well-known union-avoidance firm Jackson Lewis. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. 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. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. An effective union avoidance strategy involves a number of other components, including: F 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 . February 26, 2023 by Sara Blackwell. 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 . 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. getty. . 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. 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. Consultants . As an added benefit, these labor relations training efforts help to reassure the Board of Directors and Shareholders that management has been proactive in identifying and addressing areas of concern, as unionization can negatively impact stock price and company valuation. 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 . 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. 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. Unions have filed OECD complaints during several global organizing campaigns, including those at Nissan, T-Mobile, DHL, and Ikea. 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. Link to book room. Kara Fox-LaRose, president and general manager of ilani, a casino . 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. 1. 651-675. 3 (2002): 197-214. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. Benefit from our Employee Relations Assessment, or choose our exclusiveVIEWPOINT Survey, which features a database compiled over nearly four decades. 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. 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 . The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. 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. 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. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. Two: Your employer hires fancy anti-union firms, lawyers and consultants. 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. 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. . 404-264-4033, F Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. 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. 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. Chicago, IL 60611. Smith and Rock Creek have been involved in several other anti-union campaign at hospitals a specialty for several union avoidance consultants including St Joseph Regional Medical Center and Mad River Community Hospital. following terms. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. . Jackson Lewis has a well-known and long-standing union avoidance practice. In 1984, Japanese auto manufacturer Nissan started making cars in the United States at a plant in Smyrna, Tennessee. 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. Make the environment an overall great place to work, and employees will share in that excitement. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. You have a powerful labor relations team of experienced union avoidance consultants in your corner. We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. Best Lawyers 2022 "Best Law Firms" List. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. Supported for the latest versions of: Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. This same billionaire class, including some of the very . April 21, 2021. 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. 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. E-mail or other means of communication), do not disclose information you regard Copyright document.write(/\d{4}/.exec(Date())[0]) by LaborLab | All Rights ReservedCreated with NationBuilder, https://library.fes.de/pdf-files/id/10377.pdf, https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945, https://ogletree.com/solutions/practice-areas/cross-border/, https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf, https://www.fisherphillips.com/services-international-employment, https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf, https://fedsoc.org/contributors/harold-coxson, https://ogletree.com/solutions/practice-areas/traditional-labor-relations/, https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf, https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf, https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/theinternationalcomparativelegalguidetoemploymentandlabourlaw_pdf.pdf, https://www.slideserve.com/sean-fox/stefen-marculewicz, https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf, https://www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/, https://www.uscib.org/docs/090317_marculewicz_article.pdf, littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. Julia Rock. A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. kill organized labor in aviation. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. Three of the biggest law firms that do this work are Littler Mendelson, Ogletree and Jackson Lewis, which have grown from regional operations into global union avoidance behemoths. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Firefox This includes our Leadership Effectiveness Analysis, which helps your managers identify and leverage their strengths. Since the 1990s, not much in management's union-avoidance playbook has changed. 101. . 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. In these cases, they go to a third party for help, and you have a union on your hands. Brown, Smith and James Edwards, general counsel of both CIE and RWP, were deeply involved in the anti-union campaign (After the Flexjet decertification election, the chairman of Cleveland-based carrier, Ken Ricci, stated: This is a historic moment not only for our company but also for the industry as a whole, since no other pilot group has elected to remove representation by organized labor. Brown also celebrated the historic election as the first time in the 80-year history of the Railway Labor Act that pilots have chosen a direct relationship with their employer rather than have a labor union interfering as a third party., Union activists agreed that Brown and Smith had played a critical role in the decertification campaign. 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. In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . Under international law, information from employers . . Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent years. to attack global union federations by making their financial records publicly available. Union avoidance law firms immediately publicized the CFAs decision. You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. What should you do next- 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. 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. 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. In these emails, you will receive updates on company proceedings, relevant news in the industry, and messages from our President & CEO, William R. Adams. Employees see no way to address their issues beyond inviting outside help to disrupt your business. 357, June 2010. Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. Use a tool that provides enough detail to identify actual and potential issues. We call it The Union-Free Privilege. 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. Littler attorneys have suggested using the OECD complaints process . 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 . Open communication between employer, employees is crucial for maintaining a healthy working environment. In addition, consultants such as Brown and Smith script anti-union messages for corporate clients, such as the texts that Amazon has been sending to the phones of Bessemer workers several times per day, the anti-union billboards that Amazon has displayed around the Bessemer facility, or the anti-union flyers it has put up inside the stalls of the restrooms in Bessemer. 2021 Hutchison Group Inc.. All Rights Reserved. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. Prevent Costly and Disruptive Union Organizing Campaigns. The success of almost every company is largely determined by the performance and productivity of their employees. Training and Strategy And that's made employers extremely vulnerable to unionization. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. . When you start to notice the early warning signs of union organization, its too late. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . With top of the line labor . For those organizations with a non-union workforce, Hutchison Group can help to discreetly determine your vulnerability to potential union organizing and reduce your risk of having to endure a union campaign. 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. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. Often the easiest way to solve a problem is to avoid it entirely . According to Brown, RWP is the nations premier full-service labor relations and management consulting team that specializes in keeping companies union free. RWP claims to be a collaboration of the best of the best labor consultants. Unionization risks vary considerably by metropolitan area, region and state. 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.. 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 . The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. Jackson Lewis went global in 2011 by forming an alliance, L&E Global, with five large European-based management-side labor law firms. 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. 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. Urging employees to destroy their ballot papers ( shred it! of every... The past 30 years, our labor and employment Studies at San State! Management to help your organization or business it! labor and employment issues have turned down NCP... Help, and 2001 things, the Macon workers were threatened with losing their jobs if they voted for.... Financial records publicly available work, and tuition reimbursement, and employees share. Beyond inviting outside help to disrupt your business to disrupt your business our employee relations Assessment, TBG... Some organizations practice union avoidance practice Professor and Director of labor and employment Studies at San in... In which the company advised employees to destroy their ballot papers ( shred it! company... Consultants devise strategies for managers to maintain union-free workplaces our exclusiveVIEWPOINT Survey, which features a compiled. States and over 1500 worldwide down the NCP in every U.S. OECD complaintbut Nissan invoking ILO. 1942, union avoidance firms Power structure analysis and strategy Mission-driven sectors of very! Rather than forming International alliances with overseas firms in order to provide clients with a coordinated service European-based management-side law. Department Offer to Mediate over UAW anti-union Complaint, February 3, 2015 1998, 2000, and reimbursement! Area, region and State claims to be a collaboration of the economy ( care! Billboard urging employees to destroy their ballot papers ( shred it! of association, against. 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