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. She's fourth generation union, raised in an activist-union household. The right mix. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. . The most important point is to practice good employee relations, Davis said. Empower those in authority to deal with problems quickly and efficiently. The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. 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. Often the easiest way to solve a problem is to avoid it entirely . By agreeing to remain silent, an employer effectively may deny workers information, opinions and ideas they have a right to receive . 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. Assess Your Vulnerability to Union Organizing. Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent years. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! 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. Prevent Costly and Disruptive Union Organizing Campaigns. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. 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 . Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. 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 2015, American Apparel hired the union-avoidance firm Cruz & Associates and paid at total of $462,343; During 2015-2016, New York, New York Hotel & Casino paid union-avoidance consultants at Balance Incorporated . After all, you cant lose a union election that doesnt happen. advice. Littler attorneys have also proposed that global union federations be regulated by U.S. law. Chicago, IL 60611. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. 1.John Logan, The Union Avoidance Industry in the United States, British Journal of Industrial Relations 44, no. 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. Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. Early intervention and maintaining a positive relationship with your employees from the beginning is key. In the end, youre not the only victim of a labor relations conflict. 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.. Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. Money and decision-making power are the two primary reasons why companies want to avoid unionization. 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. When managers are ineffective, organizations become vulnerable to union organizing. 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. Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. . Unless otherwise agreed in advance, all unsolicited Equip your managers with the skills they need. 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. 4 (December 2006), pp. Go . 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 . Here are some of the most well-known companies in America and how much they've spent on union-busting firms. 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 . Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. . 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. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . . It has subsequently opened offices in London, Paris, Toronto, and Mexico City. Thomas McKibbin, a . Brown has used CIE to promote decertification campaigns in the airline and other industries, as discussed below, which are campaigns in which he is not being paid directly by the company involved with the decertification effort. 312-759-5646, F
614-628-1433. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. 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. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. 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. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . 357, June 2010. Littler attorneys have suggested using the OECD complaints process . . An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. Leaked files from IRI Consultants, a union avoidance firm, obtained by Vice's Motherboard show the disturbing lengths to which companies will go in order to derail workplace organizing. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. 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. 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 . Kara Fox-LaRose, president and general manager of ilani, a casino . 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. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. Brown and Smith have reportedly conducted captive meetings under the guise of education sessions, which caution them against the alleged dangers of unionization. The relationship between union membership and job satisfaction is still disputed vigorously among scholars. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . 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. Consultants . Reassure the Board of Directors and Shareholders. Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. However, while arguing that neutrality agreements violate workers freedom of association because they do not get to hear both sides of the story, union avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization.18 Thus, labor neutrality and union access agreements, they have argued, are bad for both corporations and their workers and also violate international law. Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. CHICAGO. 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. Jane McAlevey has spent most of her life as an organizer and negotiator. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. I have written about the message during captive meetings in greater detail elsewhere. Employees see no way to address their issues beyond inviting outside help to disrupt your business. Opera. 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. We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. waiving employer rights . In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. 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. . Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. Flexjet is just their first target.. provided for informational purposes only and should not be considered legal 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. Cemex managed to narrowly defeat the union in a March 2019 election, but not without traipsing all over the law and illegally firing a female driver who had been organizing her co-workers, according to trial testimony. Should you choose to contact an attorney at Barnes & Thornburg LLP (via Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. 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.). Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. According to forms filed with the Labor Department in connection with several anti-union campaigns over the past decade, Brown and Smith have worked under Philip Wilson, CEO of LRI. 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. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. 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. 540 N Michigan Avenue. 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. In 2019, Kumho workers voted for the steelworkers, after the NLRB ordered a rerun election, and after numerous company efforts to delay, the labor board finally certified their victory in 2021. 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. 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. With ANHS, we make sure you stay union-free. 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. Labor Relations Training for Supervisors (best way to reduce your risks). 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%. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay 574-237-1125, F
Here is a sample of what we found: Amazon. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 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. E-mail or other means of communication), do not disclose information you regard Among other campaigns, while working under LRI, Brock helped defeat a union campaign at the Trump International Hotel in Las Vegas in 2014 and is currently running a major anti-union campaign at the largest hospital in Maine. Workers at Amazons distribution center in Bessemer, Alabama are voting in a historic union election whether to join the Retail, Wholesale and Department Store Union (RWDSU). 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 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. 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 . At ANHS, our union avoidance management consultants have developed a program to build up every level of management, from your supervisors to your executives. 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 . Labor rights is an issue whose time has come. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. It is estimated that companies spend between $500 million and $2 billion per year on union-busting activities. 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." 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.. Part of that strategy involves training of key supervisors. We have the experience, depth and understanding to deal with any situation at a moment's notice. According to Amazon management, additional union avoidance experts were necessary because of the large size of the BHM1 bargaining unit, and the unusual nature of the lengthy mail-in NLRB ballot. He also lobbied to make union decertification easier under the Railway Labor, promoted union deauthorizations, advocated for easier union decertification on the Grover Norquist Show, and testified before the Labor Department on regulations that threaten the stability of American Businesses. Brown and Smith, along with Russ have also testified in favor of easier decertification under the airline industry. 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. 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. Do you want to receive more valuable insights directly in your inbox? 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. 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. 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. But several U.S. union avoidance firms have recently sought overseas markets for their expertise. . 651-675. . Smith conducts training seminars for management and her clients include many in the Fortune 500, and claims to have worked on anti-union campaigns for governments, non-profits, and companies in the airline, transportation, healthcare, hospitality, energy, and retail sectors.[iv]. 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. After all, you cant lose a union election that doesnt happen. 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. We will get you through this - our professionals have worked with employers from coast-to-coast, across most industries and with most of the major unions. Your employees are, too. 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. . Learn more about the Union Free Privilege Academy Here. For this to happen, much depends on the employees day-to-day relationship with their immediate supervisor. This guy, Russ Brown, is looking to. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. Along with the AFL-CIO, the Association of Flight Attendants-Communication Workers of America filed a complaint with the CFA stating that the policy on non-votes enabled hostile employers to manipulate the process to defeat union campaigns. 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. 3 (2002): 197-214. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. 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. Google's Union-Busting Methods Revealed. The benefits of this program include: Again, supervisors are in the best position to create and maintain a positive work environment; helping to reduce the frustrations and resentments that often lead to union activity. 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. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. 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. 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. Univar USA. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. The result is a more capable management team and a more effective workforce. 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 . 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. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. February 26, 2023 by Sara Blackwell. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. persons or entities involved in the matter and that the firm is willing to consider 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. 317-231-7433, F
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. #7. In these emails, you will receive updates on company proceedings, relevant news in the industry, and messages from our President & CEO, William R. Adams. 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. 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. Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. 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