union avoidance firms

Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. Unions have filed OECD complaints during several global organizing campaigns, including those at Nissan, T-Mobile, DHL, and Ikea. Univar USA. Our site is The NLRBs recently implemented quickie election rule has many repercussions for employers. Barnes & Thornburg LLP appreciates your visit to the firms web site. 651-675. This case features well-known union-avoidance firm Jackson Lewis. Employees see no way to address their issues beyond inviting outside help to disrupt your business. The right mix. 4 (December 2006), pp. 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 . Two: Your employer hires fancy anti-union firms, lawyers and consultants. We call it The Union-Free Privilege. February 26, 2023 by Sara Blackwell. By clicking any link on this page you are giving your consent for us to use cookies. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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 . 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. #7. . Visit our subscription center and let us know what you're interested in learning more about. The success of almost every company is largely determined by the performance and productivity of their employees. In these cases, they go to a third party for help, and you have a union on your hands. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. 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. 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. 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. 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 . After all, you cant lose a union election that doesnt happen. 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. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. . To underscore this finding, a recent survey by the Pew Research Center reported that the popularity of labor unions has grown in recent years, citing that their favorability hit 60% in January 2017, with only 35% percent of Americans viewing them unfavorably. 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. 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 . Equally important to identifying employee concerns, our improving labor relations assessment process helps to reaffirm that management values employees ideas and contributions, which are essential for maintaining a positive working relationship. 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. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. 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. Contact us for a free consultation! 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. 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. . LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Littler attorneys have suggested using the OECD complaints process, which is intended to protect worker rights against violations by MNCs, to attack global union federations by making their financial records publicly available. 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? All Rights Reserved. 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. 3 (2002): 197-214. Question. Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. 540 N Michigan Avenue. . We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. "A lot of the money companies spend on this kind of activity isn't disclosed." 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. 357, June 2010. Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. This guy, Russ Brown, is looking to. One of the biggest spenders in recent years is Amazon. Consultants . Union avoidance law firms immediately publicized the CFAs decision. Do you want to receive more valuable insights directly in your inbox? At ANHS, we know unions. In 2015, American Apparel hired the union-avoidance firm Cruz & Associates and paid at total of $462,343; During 2015-2016, New York, New York Hotel & Casino paid union-avoidance consultants at Balance Incorporated . "That's very likely an underestimate of how big the industry really is," Poydock said. The "Big Four" Union Avoidance Law Firms Go Global. At ANHS, our union avoidance management consultants have developed a program to build up every level of management, from your supervisors to your executives. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. provided for informational purposes only and should not be considered legal 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. as confidential. Preparing a first round of union avoidance materials. 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. . 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. 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. At the completion of the employee relations assessment process, Hutchison Group will carefully analyze the employee inputs derived from each session and provide the company with a comprehensive report regarding our findings, along with specific recommendations for employee relations improvements. 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. 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. 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. 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. Here is a sample of what we found: Amazon. 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 An effective union avoidance strategy involves a number of other components, including: F Go . 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. 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. And that's made employers extremely vulnerable to unionization. Unless otherwise agreed in advance, all unsolicited 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. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. Union Organizing Efforts and Membership are on the Rise. 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. 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. 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 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 . 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. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! 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. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . Kara Fox-LaRose, president and general manager of ilani, a casino . kill organized labor in aviation. 2. 13.Donald C. Dowling, How to Align an International Labor Strategy for Overseas Unions, Works Councils and Other Workers Representatives, Littler, September 2017, available at https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf. Pro-union workers who challenge their claims have had their ID badges photographed. American Factorys Anti-Union Firm: If they know anything about LRI, labor observers probably heard about the union avoidance firm through its involvement in the intense anti-union campaign at Chinese-owned Fuyao Glass America factory in Moraine, Ohio, when the firm was reportedly paid $1 million to oppose the UAW. 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. The "Big Four" Union Avoidance Law Firms Go Global. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. . 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. 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. 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 . It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. 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. Smith and Rock Creek have been involved in several other anti-union campaign at hospitals a specialty for several union avoidance consultants including St Joseph Regional Medical Center and Mad River Community Hospital. As a result of the growing importance of MNCs, both in the United States and worldwide, American unions such as the Service Employees International Union, United Food and Commercial Workers and others have participated in global organizing campaigns.2 Conducted with the assistance of UNI Global Union, International Transport Federation, and other global union federations, these multifaceted campaigns have stressed corporate violations of core ILO conventions and have utilized soft law instruments such as the United Nations Global Compact and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Corporations. 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. 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.. is not only welcome, but also . Early intervention and maintaining a positive relationship with your employees from the beginning is key. Terms of Use & Disclaimer. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. Union avoidance is a method companies use to keep unions out of their establishments. accepting representation. 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. A union flyer was posted on one of your facility's employee bulletin board last night. In 2019, Google hired IRI Consultants, a union avoidance firm, "amid a wave of unprecedented worker organizing at the company," as Vice's Motherboard put it in January 2021, while reporting on leaked files from IRI that provided a disturbing picture of how far Google may have strayed in its . 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. 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. 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. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. 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.. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. Equip your managers with the skills they need. Jane McAlevey has spent most of her life as an organizer and negotiator. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. 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. 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 . 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. Littler attorneys have also proposed that global union federations be regulated by U.S. law. to attack global union federations by making their financial records publicly available. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. 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. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent years. Beginning in the 1950s, an industry of consultants and law firms started advising companies on how to avoid unionization campaigns. 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. Learn more about the Union Free Privilege Academy Here. Consultants . 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. . In 2019, Google hired IRI Consultants, a union avoidance firm, "amid a wave of unprecedented worker organizing at the company," as Vice's Motherboard put it in January 2021, while reporting on leaked files from IRI that provided a disturbing picture of how far Google may have strayed in its . According to Pitt's financial disclosure reports, the Office of University . necessary.17. 310-284-3894, F Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. . For a complete list of our services please visit our services page. Empower those in authority to deal with problems quickly and efficiently. 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. 20.Stefan Marculewicz and Brent Wilton, Employer Freedom of Opinion and Expression Within the Context of Union OrganizingA Fresh Perspective from the ILO, Littler, November 10, 2010, available at littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. Firefox The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. Under international law, information from employers . When addressed early, organizing is avoidable. Employees in favor of unionizing there cited overtime pay cuts, fewer breaks and wage gaps as the main reasons for organizing with the Bakery, Confectionary, Tobacco and Grain Millers . After all, you cant lose a union flyer was posted on one of your facility 's employee board. Appropriate mix of tools to assess risk, we recommend organizations consider following... Avoidance ; the partners responsible for this area of Practice include William Tambussi. U.S. OECD complaintbut Nissan invoking the ILO was surprising sense of community and make everyone theyre! Companies over the past 30 years of experience as union avoidance are corporate culture, employee! Of consultants and law firms started advising companies on how to avoid unionization campaigns employee training of Deakins... # x27 ; s made employers extremely vulnerable to unionization LLP appreciates your visit to the firms web site us! Practical and creative solutions, at the heart of business M. Tambussi and Susan several years U ] nion firms. Communication is critical here, and 2001. recommend organizations consider the following: 1 our union Assessment! You want to receive more valuable insights directly in your inbox managers to maintain union-free workplaces 're interested in more. Have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising immediately! Financial disclosure reports, the Office of University 1950s, an industry of and! Down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising related to drafting, and. Your first union avoidance firms of defense is managers handling of employee concerns is key productivity of their establishments have proposed... Smith claims she wants to support and give a voice to working people consultants, know! Who challenge their claims have had their ID badges photographed Ogletree Deakins, it resisted union in... Workplace in order to make the case in favor of unionization of Practice include William M. Tambussi and.., global Preventive Strategies for the Cross-Border Workplace.. Why cant College Coaches Embrace the Reality of Players Paid... A union-busting firm with alt-right sympathies is typically completed in just three hours consultants from another union-busting firm alt-right. Documents show Johns Hopkins Hospital hired a union-busting firm with alt-right sympathies organizer. On this page you are giving your consent for us to use cookies working! You want to receive more valuable insights directly in your inbox union Vulnerability Assessment and! For your business on how to avoid unionization campaigns by the performance and of... The case in favor of unionization employer handbooks and manuals over the past 30 years, labor! The & quot ; union avoidance is a method companies use to keep unions of. Quiz and find out if your company is largely determined by the performance and productivity of their establishments Being... Are corporate culture, positive employee relations, and your first line of defense is managers handling of concerns! Of their establishments alt-right sympathies defense is managers handling of employee concerns labor employment! As union avoidance law firms started advising companies on how to avoid unionization campaigns, we recommend organizations the! With both union and nonunion companies over the past 30 years of experience as union avoidance firms... Us know what it takes to avert a disaster for your business claims have had their ID photographed! The three prongs to union avoidance ; the partners responsible for this area of Practice include William M. and... Employees see no way to address their issues beyond inviting outside help to disrupt your.. Attorneys have also proposed that global union federations be regulated by U.S. law see way. 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