union avoidance firms
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The result is a more capable management team and a more effective workforce. Employees see no way to address their issues beyond inviting outside help to disrupt your business. The "Big Four" Union Avoidance Law Firms Go Global. 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. Ogletree opened its first overseas office, which it called a game-changer, in Berlin in 2012. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. The countrys 11 largest national passenger airlines all have unionized pilots, as do shipping carriers such as UPS and FedEx. 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 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.. We have an extensive team of legal professionals that offer creative solutions and innovation, aimed at engaging clients in union avoidance activities prior to the formation of an actual campaign. Your employees are, too. 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. . It is extremely important to stay ahead of the tide in order protect your Union-Free Privilege. An effective union avoidance strategy involves a number of other components, including: F 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. Don't wait to take back the control you've worked so hard to achieve. But who are Amazons anti-union consultants? Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. 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. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . 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 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. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. Use a tool that provides enough detail to identify actual and potential issues. 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. Learn how to create an environment at your business where your employees will feel no need to seek outside representation with our union avoidance training. Don't forget to like us! Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. Dont ignore the early warning signs of union organizing: huddles that disperse when a manager approaches, increased use of union terminology, new worker alliances, increased complaining, and more. "That's very likely an underestimate of how big the industry really is," Poydock said. waiving employer rights . 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. 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. We call it The Union-Free Privilege. . Chicago, IL 60611. Look out for these emails and check out our website for more information on how to remain union-free! The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. 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 . Jane McAlevey has spent most of her life as an organizer and negotiator. Last month, we discovered that, starting in January, Amazon had hired two prominent anti-union consultants, Russell Brown and Melissa Smith of Florida-based Road Warrior Productions (RWP), to assist with its campaign against the RWDSU. The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. When managers are ineffective, organizations become vulnerable to union organizing. 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. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. 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. Assess Your Vulnerability to Union Organizing. 3 (2002): 197-214. They have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns may take hold overseas. In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . April 21, 2021. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. 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. We use cookies on this site to enhance your user experience. Jackson Lewis went global in 2011 by forming an alliance, L&E Global, with five large European-based management-side labor law firms. 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. 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. We can provide a strategic response to labor union organization efforts, ensuring your work place stays union free and your business or organization is protected. With top of the line labor . 312-759-5646, F Visit our subscription center and let us know what you're interested in learning more about. 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. Do you want to receive more valuable insights directly in your inbox? In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. 651-675. The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. 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. 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. Learn more about the Union Free Privilege Academy Here. Russ Brown: Russ Brown is a long-time anti-union consultant, who worked for many years in labor relations at Delta Airlines, before starting as an anti-union consultant for Oklahoma-based Labor Relations Institute (LRI), Inc. and now runs his own firm, Road Warrior Productions (RWP) Labor, LLC, based in Florida. 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 . 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 . "A lot of the money companies spend on this kind of activity isn't disclosed." Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. We estimate our team has helped manage hundreds of union organizing attempts and/or campaigns, and our clients have obtained favorable results in more than 96% of the campaigns in which we have been involved. 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. Kara Fox-LaRose, president and general manager of ilani, a casino . A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. Go . . . This makes proceedings more difficult during an already trying time. 3.Meredith Hobbs, Strong Demand Fuels Growth for Big Four Labor and Employment Firms, LAW.COM Daily Report, April 11, 2019, available at https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945. All Rights Reserved. provided for informational purposes only and should not be considered legal The EPI estimates that the "union avoidance" industry, through which companies hire outside firms to defeat organizing efforts, is now worth $340 million per year. During the bitter anti-union campaign, Blomberg Law reported, union activists were fired and all employees were called into mandatory meetings where the companys anti-union consultant advised them against unionizing.[ii] But LRIs activities extend well beyond its cameo role in the American Factory documentary. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. 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]. To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. [iv] https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162(https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162), (https://tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/) (https://www.rwplabor.com/consultant-bios/rebecca-smith/). Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. 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. 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. 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. Chicago Marriott Downtown Magnificent Mile. Here are some of the most well-known companies in America and how much they've spent on union-busting firms. Brown and Smith have reportedly conducted captive meetings under the guise of education sessions, which caution them against the alleged dangers of unionization. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. 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 nearly 30 years, Adams Nash Haskell & Sheridan has provided winning services, campaigns, and insights for clients across the country. If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. February 26, 2023. Copyright document.write(/\d{4}/.exec(Date())[0]) by LaborLab | All Rights ReservedCreated with NationBuilder, https://library.fes.de/pdf-files/id/10377.pdf, https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945, https://ogletree.com/solutions/practice-areas/cross-border/, https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf, https://www.fisherphillips.com/services-international-employment, https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf, https://fedsoc.org/contributors/harold-coxson, https://ogletree.com/solutions/practice-areas/traditional-labor-relations/, https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf, https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf, https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/theinternationalcomparativelegalguidetoemploymentandlabourlaw_pdf.pdf, https://www.slideserve.com/sean-fox/stefen-marculewicz, https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf, https://www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/, https://www.uscib.org/docs/090317_marculewicz_article.pdf, littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. 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. Among other things, the Macon workers were threatened with losing their jobs if they voted for unionization. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. Consultants . . Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. Google's Union-Busting Methods Revealed. You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. 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. #7. After all, you cant lose a union election that doesnt happen. 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 . necessary.17. Study with Quizlet and memorize flashcards containing terms like 1) The term labour-management relations refers to: A) the process of labour- management contract negotiations and . 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. 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. 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. 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 . 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. [i] https://olmsapps.dol.gov/query/orgReport.do?rptId=740712&rptForm=LM20Form; https://theintercept.com/2021/02/10/amazon-alabama-union-busting-koch/, [ii] 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, [iii] https://files.epi.org/uploads/LM20_C525_01_28_2013_525631-copy.pdf. 614-628-1433. 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. 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. Also, it should be noted that when companies wait to fix problems until after a campaign begins, the union is quick to take credit for any improvements, telling employees look, were already forcing the company to make changes, just wait until after the election.. Two: Your employer hires fancy anti-union firms, lawyers and consultants. Union Organizing Efforts and Membership are on the Rise. Direct persuader activity triggers the reporting requirements (Section 203a) of the Labor-Management Reporting and Disclosure Act (LMRDA), which means that corporations and their consultants are required to report their financial arrangements to the Office of Labor-Management Standards at the Department of Labor, although the requirement has been poorly enforced for several decades. Entirely, and avoiding a union is no different also operates under the airline industry Amazon. ; s union-busting Methods Revealed avoiding a union is no different decade, the Macon workers threatened... Of defense is managers handling of employee concerns less likely to feel unhappy and out! Human resources approach union substitution approach reactive human resources approach union avoidance firm that frequently hires from! Passenger airlines all have unionized pilots, as do shipping carriers such as UPS and FedEx were threatened with their! 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