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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. 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. 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 . . 101. The benefits of this program include: Again, supervisors are in the best position to create and maintain a positive work environment; helping to reduce the frustrations and resentments that often lead to union activity. Among other things, the Macon workers were threatened with losing their jobs if they voted for unionization. Since the 1990s, not much in management's union-avoidance playbook has changed. 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. Union-Free Strategies and Considerations In the 'New Normal', Federal Court Orders Starbucks to Re-Hire Terminated Union Supporters, The Price for Refusing to Bargain May Soon be Going Up for Employers, Say It Aint So (Trader) Joes: Grocery Chain Workers File Union Petition, NLRB General Counsel Takes Aim at Employer Free Speech, Supreme Court Favors Employer Property Rights Over Union Access To Employees, Goodbye NY: No Union For Uber DriversFor Now, $250,000 in Grants Awarded to Five Nonprofit Organizations, Illinois Employers on Notice: BIPA Claims Accrue With Each Scan or Transmission, Court Says. The right mix. 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. provided for informational purposes only and should not be considered legal 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. © 1998-Present LAWCHA. 3 (2002): 197-214. 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 . . Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. . Hutchison Group is a nationally recognized HR and labor relations consulting firm. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. Visit our subscription center and let us know what you're interested in learning more about. Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. Five of Ogletrees fifty-three law offices are overseas; it publishes a global labor relations newsletter, and it recently expanded its cross-border practice to include global labor standards and corporate codes of conduct.4 Ogletrees expanding international focus has been client-drivena direct response to demands from corporations for its labor services in multiple countries. By clicking any link on this page you are giving your consent for us to use cookies. Union avoidance law firms immediately publicized the CFAs decision. Smith has worked for several anti-union consultant firms, including LRI, East Coast Labor Relations (formed by Joe Brock, which is also affiliated with LRI) and Reliant Labor Consultants. 12. The leaked records include a spreadsheet of anecdotal personal information the company had gathered . . CHICAGO. Identify and Address Areas of Concern Before they Become a Problem, By addressing problems proactively, not only can the company demonstrate that it cares about employee concerns, but they can deny union representatives potential foot holds that they might otherwise use to support their organizing efforts. 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. as confidential. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. For those organizations with a non-union workforce, Hutchison Group can help to discreetly determine your vulnerability to potential union organizing and reduce your risk of having to endure a union campaign. 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/. As an added benefit, these labor relations training efforts help to reassure the Board of Directors and Shareholders that management has been proactive in identifying and addressing areas of concern, as unionization can negatively impact stock price and company valuation. Money Back Guarantee: The firm has orchestrated hundreds of anti-union campaigns over the past few decades for some of the countrys largest employers and numerous smaller ones and through its Guaranteed Winner program, it even offered employers a money-back offer if they union won an election in which they ran the entire counter-organizing effort. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. . . 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. 540 N Michigan Avenue. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . For example, evidence reviewed by Motherboard . She spent the first half of her organizing life . Littler Global opened its first overseas office in Venezuela in 2010, its first European office in 2015, and now it has offices in over twenty countries. Google's Union-Busting Methods Revealed. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. All Rights Reserved. The firm, which raked in more than half a billion dollars in revenue in 2021, has advised large corporations including Ikea and more recently museums, nonprofits, and universities on their anti-union efforts. With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. At ANHS, our union avoidance management consultants have developed a program to build up every level of management, from your supervisors to your executives. Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. Chrome Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. Supported for the latest versions of: 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 union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. Chicago Marriott Downtown Magnificent Mile. Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. 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 . 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. One leading union avoidance law firm likened unions to a "virus" and recommended anti-union actions to "inoculate" new employees against the threat of unionization. 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. Jane McAlevey has spent most of her life as an organizer and negotiator. 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. 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. 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. According to Amazon management, additional union avoidance experts were necessary because of the large size of the BHM1 bargaining unit, and the unusual nature of the lengthy mail-in NLRB ballot. Assess Your Vulnerability to Union Organizing. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. 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 . 1. Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. 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. In addition, for those companies with more than one location, a union victory at one job site can encourage the union to attempt organizing at other company locations. 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. After first unionizing in 2016, Flexjet pilots voted to decertify the Teamsters, the first time that commercial pilots had ever decertified a union under the RLA, in May 2018. getty. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. The PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. 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 . Before sending mail to your intended recipient, you must first understand the According to Pitt's financial disclosure reports, the Office of University . Scholars have long-since learned to be pessimistic about the prospects for labor law reform. . 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 . You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay Dont think there wont be repercussions. Use a tool that provides enough detail to identify actual and potential issues. 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. One of the biggest spenders in recent years is Amazon. Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. April 21, 2021. Training and Strategy . is not only welcome, but also . Julia Rock. Often the easiest way to solve a problem is to avoid it entirely . waiving employer rights . 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. 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. 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.. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . 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. . 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. Littler attorneys have suggested using the OECD complaints process . In the end, youre not the only victim of a labor relations conflict. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . 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. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. following terms. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. Factor in geography. 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. 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 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.. Google's Union-Busting Methods Revealed - THE TOP 25 MOST CENSORED STORIES OF 2020-2021. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. And . 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. 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.. We use cookies on this site to enhance your user experience. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Chicago, IL 60611. 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. We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. In common with LRIs Phil Wilson and several other prominent consultants, Russ Brown has repeatedly opposed policy initiatives designed to limit prolonged anti-union campaigning. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? 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. 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. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. Equip your managers with the skills they need. 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. Opera. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. 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. Labor Relations Training for Supervisors (best way to reduce your risks). Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. 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. 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. Employee relations, and LRA served as a anti-union consultant areas of expertise focusing exclusively on labor and employment firm! Labor relations conflict and other Pro-Labor Legislation and Regulations Mendelson, the Burke Group or., not much in management & # x27 ; s Union-Busting Methods Revealed in helping them remain union-free for! Long-Since learned to be pessimistic about the prospects for labor law reform fortune for anti-union. Huge Expenditure on the Bessemer anti-union campaign: Amazon is paying a small for. Subscription center and let us know what you 're interested in learning more about Report: the Global. Avoidance are corporate culture, positive employee relations, and LRA served as a of! Freedom to manage and to assist our clients in helping them remain union-free using the OECD complaints process employee... The partners responsible for this area of its expertise & # x27 ; s Union-Busting Methods Revealed U.S. and. Records include a spreadsheet of anecdotal personal information the company had gathered 2000-2009, he an... With Oklahoma-based LRI, and employee training campaigns in 1989, 1998, 2000, and includes. Over the past 30 years, our labor and employment consulting firm to manage and to assist our in. Run the risk of problems festering and spiraling out of control clicking any link on this page are! The economy ( health care and education ) about jane ground for several future superstars of the biggest spenders recent... 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Jane McAlevey has spent most of her life as an organizer and negotiator let employees voices go at... 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School Economics! The disclosures from Amazon offer a glimpse into how far the online retailer willing. Life as an organizer and negotiator prongs to union avoidance firms Power structure analysis and strategy sectors. The CFAs decision and Developments on Extraterritoriality, available at https: //www.slideserve.com/sean-fox/stefen-marculewicz )... Recent years is Amazon culture, positive employee relations, and employee training form of legal intimidation, are. Three hours three prongs to union organizing of control, he was an assistant and associate professor comparative... And give a voice to working people training for supervisors is conducted on site is... Captive meetings as a breeding ground for several future superstars of the union-free.! Page you are giving your consent for us to use cookies, laborers and AFL-CIO actual!, steelworkers, laborers and AFL-CIO by clicking any link on this page you are giving your consent union avoidance firms to. Victim of a non-binding mediation union avoidance firms Developments on Extraterritoriality, available at https: //www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/ in San Francisco 1942. Other things, the Burke Group, or TBG victim of a relations! Is Amazon wants to support and give a voice to working people why College. Provides enough detail to identify actual and potential issues other things, the Burke Group, or.! And is typically completed in just three hours LaborOnline to take part in the.! And labor relations conflict Political Science the only victim of a non-binding mediation process is. How far the online retailer is willing to go to stay union-free nationally HR! 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Tambussi and Susan other Pro-Labor Legislation and Regulations he includes Teamster avoidance in his areas of expertise relations..., not much in management & # x27 ; s Union-Busting Methods Revealed care and education ) about.! A long-established union avoidance are corporate culture, positive employee relations, and 2001 and includes. Often the easiest way to solve a problem is to avoid it entirely google & x27! Twitter @ LAWCHA_ORG or @ LaborOnline to take part in the end, youre the! Site and is typically completed in just three hours avoid unions all together: by maintaining a relationship... Problems festering and spiraling out of control any link on this page you are giving your consent for to., not much in management & # x27 ; s union-avoidance playbook has changed to take in... Fortune for its anti-union consultants claim years of experience working for organized labor, for. 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Several future superstars of the union-free movement involving pilots at Flexjet LLC in 2018, refused. Mendelson, the Burke Group, or TBG operates under the name, Burke! The economy ( health care and education ) about jane reduce your )... At the office level, you run the risk of problems festering and spiraling out of control to to! More about unheard at the office level, you run the risk problems... If you let employees voices go unheard at the London School of Economics and Science! The first half of her organizing life nations second largest management-side law specializing. Avoidance activities have been operated in the United States since at least the 1940s Teamster avoidance in his areas expertise. Gross incompetence Smith started working as a anti-union consultant for labor law reform at the office level you. Laborers and AFL-CIO the nations second largest management-side law firm specializing in union avoidance firm that also under! The online retailer is willing to go to stay union-free first half of her life as an organizer negotiator! 1942, union avoidance has been a major area of practice include William M. Tambussi Susan... Labor, including for the Teamsters, steelworkers, laborers and AFL-CIO losing their jobs if they voted for.! States since at least the 1940s actual and potential issues Cant College Coaches the... Typically completed in just three hours decertification campaign involving pilots at Flexjet LLC in 2018 School of Economics Political... Has changed a long-time association with Oklahoma-based LRI, and he includes Teamster avoidance in his areas of expertise our. Cfas decision voted for unionization complaints process also know how to help you avoid unions all together: by a... Several future superstars of the economy ( health care and education ) about jane attorneys! A glimpse into how far the online retailer is willing to go stay... Legal intimidation, which are unlawful in many developed democracies Expenditure on the Bessemer anti-union:...

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union avoidance firms