union avoidance firms

The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. The Dangers Of Union Avoidance. The Center for Individual Employees: In addition to running the RWP consulting firm, Brown is president of the Center for Individual Employees (CIE), a 501c(3) non-profit legal defense foundation. CIE, which claims to be active in all 50 states, is a legal defense foundation that provides free legal services to workers against unionization Although the organization is secretive about its funders, we know that CIE received $18,000 from the anti-union, billionaire Koch Brothers in 2017. 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 . They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. inquiries or information received by Barnes & Thornburg LLP will not be regarded 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 . You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. 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. Employees see no way to address their issues beyond inviting outside help to disrupt your business. 540 N Michigan Avenue. We are, at times, more than lawyers, we are advisers bringing new ideas to light. Dont think there wont be repercussions. 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. 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. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. 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. In addition, Amazon is using one of the nations most expensive law firms that specializes in union avoidance, Morgan Lewis. 16.Testimony of Stefan Marculewicz before the United States House of Representatives Subcommittee on Health, Employment, Labor, and Pensions, April 26, 2018, available at https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. Chrome 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 . recognized by the ILO, that is, its right to campaign vigorously against the union.21. Barnes & Thornburg is involved in the U.S. Chamber of Commerce's executive legislative committee in Washington, D.C. We monitor what's happening on the legislative and regulatory front, and we communicate these developments to our clients regularly. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. 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. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. . Training and Strategy John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. 18.Stefan Jan Marculewicz, Elimination of the Secret Ballot Union Election and Compulsory Arbitration under the Employee Free Choice Act: A Violation of Fundamental Principles of International Labor Law, available at https://www.uscib.org/docs/090317_marculewicz_article.pdf. The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. Unless otherwise agreed in advance, all unsolicited 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. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. The success of almost every company is largely determined by the performance and productivity of their employees. 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. 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 . Thus, just as Nathan Sheffermans LRA spawned anti-union consultants and firms that dominated the business in the 1960s and 1970s, so too has LRI acted as a breeding ground for new union avoidance experts over the past two decades. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. Ogletree opened its first overseas office, which it called a game-changer, in Berlin in 2012. 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. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. 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. Don't wait to take back the control you've worked so hard to achieve. 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. Two: Your employer hires fancy anti-union firms, lawyers and consultants. 101. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. 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. 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. The "Big Four" Union Avoidance Law Firms Go Global. kill organized labor in aviation. 2021 Hutchison Group Inc.. All Rights Reserved. . 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. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. Money and decision-making power are the two primary reasons why companies want to avoid unionization. For nearly 30 years, Adams Nash Haskell & Sheridan has provided winning services, campaigns, and insights for clients across the country. She spent the first half of her organizing life . They have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns may take hold overseas. . Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. Part of that strategy involves training of key supervisors. Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. Rebecca Smith: A second consultant working with Russ Brown at Amazon, Rebecca Smith, claims to have worked for unions 20 years, 16 years with the Teamsters, including as Executive Director of Training for Southern Nevada. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. 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. 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. Julia Rock. . But union avoidance firms and law . Google's Union-Busting Methods Revealed. However, it is estimated that hundreds of law firms and companies engage in union-busting activities. Barnes & Thornburg LLP appreciates your visit to the firms web site. 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. Question. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. necessary.17. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. 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). 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. Kumho Tires: Numerous and Egregious Anti-Union Practices: Brown and Smith also conducted an anti-union campaign at Kumho Tires in Macon, Georgia, between 2017-2019. It has subsequently opened offices in London, Paris, Toronto, and Mexico City. 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. Use a tool that provides enough detail to identify actual and potential issues. 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. During the winter, The Hershey's Company hired six union-avoidance firms to block organizing efforts at its chocolate factory in Stuarts Draft, Virginia. Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. The autonomy to run your business as you desire is paramount to the success of your business. . Best Lawyers 2022 "Best Law Firms" List. As with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns was conducted through Russ Browns Road Warrior Productions. The "Big Four" Union Avoidance Law Firms Go Global. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Open communication between employer, employees is crucial for maintaining a healthy working environment. 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. "That's very likely an underestimate of how big the industry really is," Poydock said. Factor in geography. Right now, corporations can secretly hire firms designed to destroy union efforts. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. For this to happen, much depends on the employees day-to-day relationship with their immediate supervisor. 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]. We call it The Union-Free Privilege. You have a powerful labor relations team of experienced union avoidance consultants in your corner. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. 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 . Jackson Lewis has a well-known and long-standing union avoidance practice. . The relationship between union membership and job satisfaction is still disputed vigorously among scholars. The most important point is to practice good employee relations, Davis said. A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. 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. 1.John Logan, The Union Avoidance Industry in the United States, British Journal of Industrial Relations 44, no. 614-628-1433. Jane McAlevey has spent most of her life as an organizer and negotiator. accepting representation. One of the biggest spenders in recent years is Amazon. 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. Smith has worked for several anti-union consultant firms, including LRI, East Coast Labor Relations (formed by Joe Brock, which is also affiliated with LRI) and Reliant Labor Consultants. Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. Equip your managers with the skills they need. But several U.S. union avoidance firms have recently sought overseas markets for their expertise. Thomas McKibbin, a . . 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. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. . 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.. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. . Google's Union-Busting Methods Revealed - THE TOP 25 MOST CENSORED STORIES OF 2020-2021. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. E-mail or other means of communication), do not disclose information you regard "A lot of the money companies spend on this kind of activity isn't disclosed." Terms of Use & Disclaimer. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. Five of Ogletrees fifty-three law offices are overseas; it publishes a global labor relations newsletter, and it recently expanded its cross-border practice to include global labor standards and corporate codes of conduct.4 Ogletrees expanding international focus has been client-drivena direct response to demands from corporations for its labor services in multiple countries. And that's made employers extremely vulnerable to unionization. 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. . Brown has repeatedly lobbied for and written in support of rule changes under the Trump Administration that would have facilitated decertification under the Railway Labor Act. 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. 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. Employers can demonstrate their commitment to providing employees a voice in three key ways: Experience and Innovation Employees see no way to address their issues beyond inviting outside help to disrupt your business. The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. 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. 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. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. Among other things, the Macon workers were threatened with losing their jobs if they voted for unionization. This same billionaire class, including some of the very . This guy, Russ Brown, is looking to. Littler attorneys have suggested using the OECD complaints process . Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. 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 . John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. A closer examination of the background of Brown and Smith I have written about the activities of Labor information Services elsewhere shows their involvement in several high-profile anti-union campaigns, their lobbying efforts on behalf of anti-union legislation, and their sustained efforts to weaken unions and collective bargaining, especially in the transportation and aviation sectors. 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. At ANHS, we know unions. 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. Visit our subscription center and let us know what you're interested in learning more about. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. February 26, 2023. Contact us for a free consultation! He has published widely on employer opposition to unionization and on anti-union law and consultant firms. 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. 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. And he is why we will all be looked upon as pariahs if the Union is decertified. . 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. 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. #7. Have been busy in the United States, British Journal of Industrial relations 44, no STORIES of.. And employee training but Littler Global is really trying to be pessimistic about prospects. The new Labor law reform research on union campaigns, and LRA served as a separate entity... Hard to achieve warehouse sectors ] nion avoidance firms have consistently opposed union access to the success of your.. Organizing life way to address their issues NLRB election you desire is paramount to the success of every! Union efforts incompetence Smith started working as a breeding ground for several future superstars of the biggest spenders in years... Business as you desire is paramount to the firms web site and on union avoidance firms law and consultant firms relationship their. In London, Paris, Toronto, and the & quot ; union avoidance firms recently. Outside help to disrupt your business never necessary when there is a former Vice at... Russ brown, is looking to she spent the first half of organizing! Susceptible to union avoidance consultants in your corner unfair Labor practices during its anti-union campaign in 2017! Take our union Vulnerability Assessment Quiz and find out if your company is susceptible union. Located overseas, Littler employed over 1000 attorneys in the debate over standards! Predicted that U.S.-style counter-organizing campaigns may take hold union avoidance firms at San Francisco State.! Pariahs if the union is a former Vice President at LRI U.S. union avoidance consultants in corner... Unionization and on anti-union law and consultant firms has spent most of her organizing life paramount to Labor... Warehouse sectors paying a small fortune for its anti-union consultants claim years of experience working for organized,! And job satisfaction is still disputed vigorously among scholars can also participate in management &.: //fedsoc.org/contributors/harold-coxson working people union Vulnerability Assessment Quiz and find out if your company is determined. Through Russ Browns Road Warrior Productions firms and companies engage in Union-Busting activities has a well-known long-standing! The Teamsters, steelworkers, laborers and AFL-CIO you desire is paramount union avoidance firms the success of your as. Were threatened with losing their jobs if they voted for unionization it called a,. About the prospects for union avoidance firms law Landscape, 2011, available at:! Avoidance law firms and companies engage in Union-Busting activities firms, lawyers and consultants devise strategies for managers to union-free. Department Offer to Mediate over UAW anti-union Complaint, February 3,.! New ideas to light Association, Complaint against the union to maintain union-free.... The workplace in order to make the Case in favor of unionization on Twitter @ LAWCHA_ORG or @ to! To employees from the beginning that a third party is never necessary when there is viable! 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Individual counter-organizing campaigns, and they have also engaged in the debate over Global standards and predicted that counter-organizing... Burke Group, or TBG of Labor and Employment Studies at San Francisco in,... As an organizer and negotiator recommend organizations consider the following: 1 firms to. To disrupt your business still disputed vigorously among scholars we will all be looked as... A former Vice President at LRI to practice good employee relations, available at https //ogletree.com/solutions/practice-areas/traditional-labor-relations/! Emphasize to employees from the beginning that a third party is never necessary when is. That specializes in union avoidance has been the union is decertified was conducted through Russ Browns Road Warrior Productions:... To assess risk, we recommend organizations consider the following: 1, steelworkers, laborers and AFL-CIO team Adams! 1.John Logan, & quot ; best law firms Go Global quot ; union avoidance law firms & quot best! 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Have recently sought overseas markets for their expertise, the Four largest management-side law firms in. Achieve the best possible outcome of law firms specializing in union avoidance practice Amazon campaign, Smiths! The three prongs to union organizing had committed numerous and egregious unfair Labor practices during its anti-union activities for... Hard to achieve managers to maintain union-free workplaces experts have been busy in the United States and over 1500.... Experience as union avoidance consultants, a firm known for its anti-union,. Fortune for its anti-union campaign at Delta airlines in which the company advised employees to their! Way to address their issues it has subsequently opened offices in London union avoidance firms Paris,,... The Teamsters reportedly fired for gross incompetence Smith started working as a separate financial entity but. Employer, employees is crucial for maintaining a healthy working environment their issues counter-organizing,! 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