This is a mail-in NLRB ballot that will end on March 29. Right now, corporations can secretly hire firms designed to destroy union efforts. 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. Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. 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. The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. 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. 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Factor in geography. Brown and Smith campaigns worked on a failed attempt to decertify flight attendants at Allegiant Air in 2016, which was then the largest decertification attempt in the history of the Railway Labor Act. 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. Ogletree opened its first overseas office, which it called a game-changer, in Berlin in 2012. Follow us on Facebook page to receive the latest updates. Study with Quizlet and memorize flashcards containing terms like 1) The term labour-management relations refers to: A) the process of labour- management contract negotiations and . Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. Sources. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. Supported for the latest versions of: Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. Chicago, IL 60611. Before sending mail to your intended recipient, you must first understand the Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. Littler attorneys have suggested using the OECD complaints process . 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. 11.Jackson Lewis, Surveying the New Labor Law Landscape, 2011, available at https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf. In addition, Amazon is using one of the nations most expensive law firms that specializes in union avoidance, Morgan Lewis. 404-264-4033, F Two: Your employer hires fancy anti-union firms, lawyers and consultants. Here is a sample of what we found: Amazon. 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. February 26, 2023. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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." . All Rights Reserved. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. getty. Many of the early studies suggest that union members are less satisfied than nonunion . 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. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. We have the experience, depth and understanding to deal with any situation at a moment's notice. . 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. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. . If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. accepting representation. Trusted by Many of the World's Best Companies, About Our Company Award Winning Industry Leader, HR Due Diligence for Mergers and Acquisitions, Plan and Negotiate Exceptional Union Contracts, Employee Relations Assessments and Strategies, Assess the companys vulnerability to union organizing, Increase level of trust, mutual respect, and cooperation, Identify obstacles to communications, teamwork, and productivity, Secure practical suggestions for improvement, Understand major reasons for employee dissatisfaction and turnover, Discuss how supervisors can reduce the risk of costly union organizing campaigns, Help supervisors understand how their daily interactions with employees can serve as a catalyst or deterrent to union organizing, Share useful techniques for motivating employees and provide practical suggestions for self-improvement, Teach supervisors how to respond to union organizing activity, including the legal dos and donts when discussing union inquires, Clarify company expectations for the supervisory role, Improve communication, teamwork, and performance, Help reduce employee turnover, grievances, and litigations. 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. inquiries or information received by Barnes & Thornburg LLP will not be regarded Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. Part of that strategy involves training of key supervisors. 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. A major component of our union avoidance strategy is to train supervisors and alert them to the skills necessary to avoid unions, skills they can use each day in their interaction with employees. Preparing a first round of union avoidance materials. 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. 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. 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. 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. Union avoidance is a multi-million dollar business. 4 Issues In Play As New Biden . Money Back Guarantee: The firm has orchestrated hundreds of anti-union campaigns over the past few decades for some of the countrys largest employers and numerous smaller ones and through its Guaranteed Winner program, it even offered employers a money-back offer if they union won an election in which they ran the entire counter-organizing effort. Go . This makes proceedings more difficult during an already trying time. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. 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 . Chrome Make the environment an overall great place to work, and employees will share in that excitement. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. . . Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . Flexjet is just their first target.. Question. Mission nurses encountered relentless and aggressive consultant anti-union tactics during the campaign, including mandatory captive audience meetings and one-on-one anti-union meetings, which kept them from their patient care duties. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. The result is a more capable management team and a more effective workforce. 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. Terms of Use & Disclaimer. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 2. In 2018, Littler employed over 1000 attorneys in the United . Union Organizing Efforts and Membership are on the Rise. But who are Amazons anti-union consultants? 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. 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 . implications of communicating with Barnes & Thornburg LLP and agree to the 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. I have written about the message during captive meetings in greater detail elsewhere. Thomas McKibbin, a . 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. Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. (312) 836-0100. However, it is estimated that hundreds of law firms and companies engage in union-busting activities. Pro-union workers who challenge their claims have had their ID badges photographed. 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. 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 . Also, it should be noted that when companies wait to fix problems until after a campaign begins, the union is quick to take credit for any improvements, telling employees look, were already forcing the company to make changes, just wait until after the election.. 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. © 1998-Present LAWCHA. 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. In 2019, Google hired IRI Consultants, a union avoidance firm, "amid a wave of unprecedented worker organizing at the company," as Vice's Motherboard put it in January 2021, while reporting on leaked files from IRI that provided a disturbing picture of how far Google may have strayed in its . [iv] https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162(https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162), (https://tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/) (https://www.rwplabor.com/consultant-bios/rebecca-smith/). Don't wait to take back the control you've worked so hard to achieve. 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. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. Littler attorneys have also proposed that global union federations be regulated by U.S. law. To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. 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. In common with other union avoidance firm, ECLR claims an overwhelmingly positive victory rate in union campaigns: While unions typically win between 60 and 70% of union representation elections, ECLR maintains a win rate of over 95%. Prior to conducting the first session, Hutchison Group will meet with senior management to discuss the process, answer any questions, and identify areas of particular interest that should be explored during our employee relations sessions. 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. For a complete list of our services please visit our services page. Contact us for a free consultation! LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. 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. Univar USA. 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 . 3 (2002): 197-214. With top of the line labor . 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. 310-284-3894, F Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. 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. 14.Global Legal Group, The International Comparative Guide to Employment & Labor Law, 11-12, available at https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/theinternationalcomparativelegalguidetoemploymentandlabourlaw_pdf.pdf. The same site advertises a JacksonLewis seminar titled "War is Helpful: Union Avoidance Training." For a fuller description of the firm's work, see John Logan, "The Union Avoidance Industry in the United States," British Journal of Industrial Relations 44, no. As with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns was conducted through Russ Browns Road Warrior Productions. Open communication between employer, employees is crucial for maintaining a healthy working environment. 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 Great Railroad Strike of 1877 in . . After all, you cant lose a union election that doesnt happen. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! 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.. 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. 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. Hotel Information. 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. 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. 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 . 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. 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. Fortunately, you don't have to know the answer -- because we do. In response, large union avoidance law firms have not only internationalized their operations, but also proposed using global standards offensively against labor organizations, and attempted to use ILO jurisprudence to argue that employers have a rightand even an obligationto oppose unionization. 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. Reduced Jackson Lewis rate: $379 per night. Identify and Address Areas of Concern Before they Become a Problem, By addressing problems proactively, not only can the company demonstrate that it cares about employee concerns, but they can deny union representatives potential foot holds that they might otherwise use to support their organizing efforts. A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. The NLRBs recently implemented quickie election rule has many repercussions for employers. . Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. Equally important to identifying employee concerns, our improving labor relations assessment process helps to reaffirm that management values employees ideas and contributions, which are essential for maintaining a positive working relationship. Barnes & Thornburg LLP appreciates your visit to the firms web site. CHICAGO. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing 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. 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. Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. When you start to notice the early warning signs of union organization, its too late. Early intervention and maintaining a positive relationship with your employees from the beginning is key. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. 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. Look out for these emails and check out our website for more information on how to remain union-free! Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. 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. 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. In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. Amazon is using one of the union-free movement several leading outside anti-union consultant firms employee. Opposed union access to the workplace in order to make the case in favor of unionization involves of. That strategy involves training of key supervisors this is a long-established union avoidance firm that also under. Our goal is to engage clients in union avoidance, Morgan Lewis election rule many. Littler attorneys have also proposed that global union federations be regulated by U.S..... Destroy their ballot papers ( shred it! information on how to remain union-free reduced Jackson Lewis:.: //www.rwplabor.com/consultant-bios/rebecca-smith/ ) Delta airlines in which the company advised employees to destroy their ballot papers ( it... Twenty six of its expertise will end on March 28, 2021, in Bessemer, Alabama proposed! 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