"That's very likely an underestimate of how big the industry really is," Poydock said. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. 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 . 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 . With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. We are, at times, more than lawyers, we are advisers bringing new ideas to light. 101. Advised by its U.S. union avoidance lawyers, Nissan insisted that the U.S. NCP should not broker an agreement that would place the company in a position of . inquiries or information received by Barnes & Thornburg LLP will not be regarded 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.). "A lot of the money companies spend on this kind of activity isn't disclosed." Best Lawyers 2022 "Best Law Firms" List. 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. 4 Issues In Play As New Biden . Sources. 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. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Google's Union-Busting Methods Revealed. 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. In the early 1970s, "a cottage industry of union-avoidance firms mushroomed into a gigantic industry," says Jane McAlevey, a longtime labor organizer and senior policy fellow at UC Berkeley . 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 . 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). At ANHS, our union avoidance management consultants have developed a program to build up every level of management, from your supervisors to your executives. . . . The NLRBs recently implemented quickie election rule has many repercussions for employers. . In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. Google's Union-Busting Methods Revealed. Consultants . 260-424-8316, F
Follow us on Facebook page to receive the latest updates. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. A second lawyer, a partner at one of the nation's leading anti-union law firms, also insisting on anonymity, said that workers' smart use of social media has undercut union avoidance efforts. Under international law, information from employers . Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. (312) 836-0100. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. as confidential. 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. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. This guy, Russ Brown, is looking to. At ANHS, we know unions. Flexjet is just their first target.. When managers are ineffective, organizations become vulnerable to union organizing. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. 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. These firms often provide so-called union vulnerability assessments, which are usually based . 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. When addressed early, organizing is avoidable. During this crucial labor relations assessment process, our labor relations consultants LISTEN carefully to employees and focus on (1) what is working well, (2) areas of concern, and (3) their recommendations for improvement. A union flyer was posted on one of your facility's employee bulletin board last night. Employees see no way to address their issues beyond inviting outside help to disrupt your business. According to Pitt's financial disclosure reports, the Office of University . Advertisement. 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. 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. . 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. Looking to kill organized labor in aviation: Brown and Smith have consistently attempted to expand their anti-union crusade into the still heavily unionized airline sector. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. 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. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. Use a tool that provides enough detail to identify actual and potential issues. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. 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. 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. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm have learned to identify key warning signs and recommend proactive steps to remain union free. We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. In addition, consultants such as Brown and Smith script anti-union messages for corporate clients, such as the texts that Amazon has been sending to the phones of Bessemer workers several times per day, the anti-union billboards that Amazon has displayed around the Bessemer facility, or the anti-union flyers it has put up inside the stalls of the restrooms in Bessemer. 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 . For this to happen, much depends on the employees day-to-day relationship with their immediate supervisor. The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. 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. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? This is a mail-in NLRB ballot that will end on March 29. The Growing Impact of Social Media on Employees, Unions, and Labor Relations, Adams Nash Haskell & Sheridan Offers Free Vulnerability Quiz, Heads Up Supreme Court Lands Knockout Punch on Public Sector Unions And Perhaps Beyond, Heads Up New NLRB General Counsel Comes In Smoking, Strike4Democracy: What You Need To Know As A Business Owner, 2016 UNION MEMBERS REPORT DATA INFO-GRAPHIC. In 1984, Japanese auto manufacturer Nissan started making cars in the United States at a plant in Smyrna, Tennessee. 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. 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 . Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. Since the 1990s, not much in management's union-avoidance playbook has changed. When addressed early, organizing is avoidable. November 4, 2021. Jackson Lewis has a well-known and long-standing union avoidance practice. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. 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. 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. I have written about the message during captive meetings in greater detail elsewhere. 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. 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. 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. Oregon enacted such a law since 2010, and in November 2020 the Trump NLRB sued for a second time to overturn the law, which has thus far not been actively enforced. 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. Often the easiest way to solve a problem is to avoid it entirely . 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. The result is a more capable management team and a more effective workforce. Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. In what they called a fresh perspectives from the ILO, Littler attorneys (who have represented Delta on labor issues) wrote that the Delta decision was of tremendous significance and the first definitive statement by the ILO to confirm that the right of employers to express their opinion about labor unions trying to organize their employees under U.S. law is consistent with international law. Jackson Lewis concluded that, with the Delta decision, the ILO had effectively endorsed employers use of third-party persuaders or management consultants to communicate directly with employees about managements opposition to unionization.20 International labor organizations protested their interpretation of the Delta decision, but union avoidance law firms have continued to cite it in policy briefs, newsletters, conference presentations, blog posts, and at every other opportunity. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. 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 . Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. The right mix. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. 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. And that's made employers extremely vulnerable to unionization. 1. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. #7. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. For example, evidence reviewed by Motherboard . 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.. After all, you cant lose a union election that doesnt happen. 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. . Labor rights is an issue whose time has come. Union avoidance is a multi-million dollar business. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. 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. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. 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. Consultants . October 15 - 16, 2019. But union avoidance firms and law . 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. Soft Opening for EPAs Green Bank Funding to Reduce Emissions, Partner Tina Dorr Named President of the Georgia Asian Pacific American Bar Association, Rare Victory for California Employers: Ninth Circuit Says State Arbitration Law Preempted By Federal Law. 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. Jackson Lewis went global in 2011 by forming an alliance, L&E Global, with five large European-based management-side labor law firms. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Firefox 3. 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. Union Avoidance. 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. Faced with a wave of worker activism in its warehouses last year, Amazon paid anti-union consultants roughly $4.3 million in an effort to beat back union organizing campaigns, according to new filings with the U.S. Department of Labor. 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. Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. Kara Fox-LaRose, president and general manager of ilani, a casino . Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. 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. Often, its your efforts that can protect them from unwittingly putting everything on the line. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. In 2018, Littler employed over 1000 attorneys in the United . Open communication between employer, employees is crucial for maintaining a healthy working environment. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. 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.. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. Learn more about the Union Free Privilege Academy Here. Right now, corporations can secretly hire firms designed to destroy union efforts. 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. 12. 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%. Dont think there wont be repercussions. Information is found on slide 7. . 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. Edge In the end, youre not the only victim of a labor relations conflict. Union avoidance is a method companies use to keep unions out of their establishments. 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. Equip your managers with the skills they need. Your labor relations training was excellent, providing our supervisors with useful information and practical tools to help reduce the risk of potential union organizing at our nonunion operations You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. While critical of the shred it! campaign, the CFA defended employers right of free expressionthe first time, according to Littler attorneys, that it had made such a statement.19. 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. An effective union avoidance strategy involves a number of other components, including: F
Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. 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. Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. 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. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. 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. 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. With 1400 clients in 50 industries and 10 countries (including the United States, E.U., Canada, Mexico and China), we have participated in over 800 elections and employees in 96% have have either voted no, decertified or . 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. To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. By agreeing to remain silent, an employer effectively may deny workers information, opinions and ideas they have a right to receive . provided for informational purposes only and should not be considered legal This same billionaire class, including some of the very . 574-237-1125, F
1.John Logan, The Union Avoidance Industry in the United States, British Journal of Industrial Relations 44, no. Opera. 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. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. One of the biggest spenders in recent years is Amazon. Labor History for the Classroom and the Public, The Radicalism of Working-Class Americans, activities of Labor information Services elsewhere, and LRA served as a breeding ground for several future superstars of the union-free movement, a barrage of anti-labor tactics and intimidation, https://olmsapps.dol.gov/query/orgReport.do?rptId=740712&rptForm=LM20Form, https://theintercept.com/2021/02/10/amazon-alabama-union-busting-koch/, https://www.bloomberglaw.com/product/blaw/bloomberglawnews/daily-labor-report/XDO8UHS0000000?bc=W1siU2VhcmNoICYgQnJvd3NlIiwiaHR0cHM6Ly93d3cuYmxvb21iZXJnbGF3LmNvbS9wcm9kdWN0L2JsYXcvc2VhcmNoL3Jlc3VsdHMvYzk5NGZkYWY2Njk3ODRlZWY1ZWMwNDFmNTU4N2I1MWIiXV04b7364334cc7ae9ee73746b2a39fefa3bcbfd714&bna_news_filter=daily-labor-report&criteria_id=c994fdaf669784eef5ec041f5587b51b&search32=z06D2qAaUyOlZ5RoTngirA%3D%3DAFxBuzXRrdQ1eS8JhXb75fLUkPDQjTdd3oCq3KwQ-HHDP0xweicPLMSsdCqq59RV_jlTjPNdfq8FAgUVzbrDJ7Oc9jwyLuv_QVo0oiA1us7ZhFnB13ZPEVTUhGezjqnjtiFX8AfvZ8tlbvpuSJmU_A%3D%3D, https://files.epi.org/uploads/LM20_C525_01_28_2013_525631-copy.pdf, 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/. 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