union avoidance firmsunion avoidance firms

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Littler attorneys have argued that, under international law, employers not only have a right, but also have an obligation to oppose unions: ILO jurisprudence requires them to speak out against unionization, otherwise workers will be denied access to information they need to make an informed choice: [I]t may be a violation of international law for employers to be limited in their right to freedom of expression and opinion . inquiries or information received by Barnes & Thornburg LLP will not be regarded For example, evidence reviewed by Motherboard . Amazon Campaign Demonstrates Urgent Need for PRO Act. Your employees are, too. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. . 310-284-3894, F Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. 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). 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. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. 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]. 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. 17.The Littler Report: The 2011 Global Employer: Highlights of Littlers Fourth Annual Global Employer Institute, available at https://www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/. Do you want to receive more valuable insights directly in your inbox? If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. Best Lawyers 2022 "Best Law Firms" List. 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. We know why employees turn to unions, how unions organize employees, and how to minimize the threat of union interference. The relationship between union membership and job satisfaction is still disputed vigorously among scholars. 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. Barnes & Thornburg LLP appreciates your visit to the firms web site. In 2017, for example, NATERAs annual conference included a pre-conference workshop featuring union avoidance and campaign simulation, run by the anti-union law firm, Jackson Lewis, which was tailored to the transportation industry.. The Dangers Of Union Avoidance. Global Services - General Co-Chair, Global Services - Japan Co-Chair. 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 . 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. Chicago Marriott Downtown Magnificent Mile. 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. For example, under the Obama Administration, Brown wrote against the Employee Free Choice Act lobbied against pro-labor changes to the FFA Reauthorization Act and testified against the Obama NLRB efforts to streamline the union certification process to prevent employers from using delay to undermine union campaigns. We are, at times, more than lawyers, we are advisers bringing new ideas to light. This same billionaire class, including some of the very . This makes proceedings more difficult during an already trying time. waiving employer rights . . © 1998-Present LAWCHA. E-mail or other means of communication), do not disclose information you regard 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. We have the experience, depth and understanding to deal with any situation at a moment's notice. Thomas McKibbin, a . #7. . Don't wait to take back the control you've worked so hard to achieve. Univar USA. 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. [i]. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . Littler attorneys have suggested using the OECD complaints process . 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. 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. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. 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. 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. 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. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. When you start to notice the early warning signs of union organization, its too late. 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%. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. Labor Relations Training for Supervisors (best way to reduce your risks). Look out for these emails and check out our website for more information on how to remain union-free! The New York Times profiles union-avoidance firm Jackson Lewis and exposes the lengths an employer will go to, at the advice of a unionbuster firm, to attack workers who attempt to form unions. 4 (December 2006), pp. 101. 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. 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. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. Terms of Use & Disclaimer. By clicking any link on this page you are giving your consent for us to use cookies. 317-231-7433, F 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. Fortunately, you don't have to know the answer -- because we do. 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. 614-628-1433. . Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. The LM-20 form filled by Russ Brown states that three consultants will be paid a daily fee of $3,200 plus expenses for the duration of the campaign, which started in January. This guy, Russ Brown, is looking to. Before sending mail to your intended recipient, you must first understand the Money and decision-making power are the two primary reasons why companies want to avoid unionization. After all, you cant lose a union election that doesnt happen. . (312) 836-0100. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. Two: Your employer hires fancy anti-union firms, lawyers and consultants. None of these global union federations comply with the requirements of the LMRDA [Labor-Management Reporting and Disclosure Act].16 Thus, union avoidance law firms have opposed using the 1959 LMRDA to require financial reporting from union avoidance firms and employers that hire theman original intent of the lawbut support using it to regulate global union federations, over which U.S. law has no jurisdiction. The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. 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 . 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. In 2018, Littler employed over 1000 attorneys in the United . Kara Fox-LaRose, president and general manager of ilani, a casino . . 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. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. 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. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . Convince your employees to stay union-free. 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. He has published widely on employer opposition to unionization and on anti-union law and consultant firms. 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. In fact, research shows that even a few supervisors with poor interpersonal skills can be the cause for instigating union organizing campaigns, grievances, litigations, and other costly disruptions. 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. November 4, 2021. 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. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. 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. 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. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. 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. 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. . 3 (2002): 197-214. 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. 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. 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. Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent years. Employees see no way to address their issues beyond inviting outside help to disrupt your business. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. 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.. 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. 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 . The "Big Four" Union Avoidance Law Firms Go Global. Union Avoidance. 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. With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. 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." A leaked internal "polling" spreadsheet from one of the country's top union avoidance firms offers an inside look into a highly secretive industry that specializes in helping employers derail . necessary.17. 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. 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 . April 21, 2021. At ANHS, we know unions. But several U.S. union avoidance firms have recently sought overseas markets for their expertise. When addressed early, organizing is avoidable. This union avoidance internationalism poses a significant threat to workers who have benefited from global campaigns, and presents another obstacle in the path of unions attempting to organize at MNCs. 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 . Reduced Jackson Lewis rate: $379 per night. In 2018, Google dropped its long-time slogan, "Don't be evil" from its code of conduct. Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. When addressed early, organizing is avoidable. Advertisement. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. 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. Thanks to the video criticizing Amazons anti-unionism tweeted by President Biden and the RWDSUs inspirational campaign at Bessemer, the PRO Act is arguably now in a league that EFCA failed to achieve. The 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. For a complete list of our services please visit our services page. 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. 1. This includes our Leadership Effectiveness Analysis, which helps your managers identify and leverage their strengths. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. 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. Here is a sample of what we found: Amazon. Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. 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. After orchestrating hundreds of anti-union campaigns for some of the nations largest companies, LRA was effectively forced out of business due to the negative publicity from the high-profile McClellan Committee hearings, after it detailed LRAs complicity in corruption. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. Dont think there wont be repercussions. 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. Fewer problems arise when employees have faith and trust in their organizational superiors.

union avoidance firms