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. 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 . With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. We have the experience, depth and understanding to deal with any situation at a moment's notice. In September 2020, almost 1000 nurses voted to join the NNU in a landslide victory, thereby providing the labor movements largest hospital victory in the South since 1975. 101. Union avoidance law firms have advocated using the OECD Guidelines on Multinational Corporations to attack global union federations, cautioned corporations against signing international framework agreements that limit their union avoidance options, and argued that, under ILO jurisprudence, employers have not just a right but an obligation to campaign against unionization and collective bargaining. The Great Railroad Strike of 1877 in . 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. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . It has subsequently opened offices in London, Paris, Toronto, and Mexico City. Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. We call it The Union-Free Privilege. Our site is Fewer problems arise when employees have faith and trust in their organizational superiors. When addressed early, organizing is avoidable. For example, evidence reviewed by Motherboard . Union avoidance firms, which exploded in the U.S. in the 1970s, have played a key role in reducing the proportion of private sector workforces that are unionized today. Right now, corporations can secretly hire firms designed to destroy union efforts. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. 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. . 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. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. 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. Edge 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. 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. 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. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. accepting representation. 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. In a move the U.S. National Contact Point (NCP) described as regretful, Nissan refused its offer of a non-binding mediation process. Sources. In June 2020, after widespread criticism of its lackluster response to the Covid-19 pandemic, Amazon hired two corporate health and safety experts from one of the country . The United States is alone among rich democracies in allowing an enormous industry of law firms dedicated to defeating union organizing campaigns and keeping their clientsincluding many multinational corporations (MNCs)union free. For this to happen, much depends on the employees day-to-day relationship with their immediate supervisor. 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. I have written about the message during captive meetings in greater detail elsewhere. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 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. In these cases, they go to a third party for help, and you have a union on your hands. The key to any union avoidance plan lies with front-line supervisors and their ability to deal with issues immediately and constructively. Although we excel in union avoidance and elections, a hallmark of Littler's practice remains the ability to prevent workplace issues from ending up in court or administrative tribunals, sparing our clients time-consuming and costly headaches. 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. Learn more about the Union Free Privilege Academy Here. 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 . 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. 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. 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. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. A major component of our union avoidance strategy is to train supervisors and alert them to the skills necessary to avoid unions, skills they can use each day in their interaction with employees. Benefit from our Employee Relations Assessment, or choose our exclusiveVIEWPOINT Survey, which features a database compiled over nearly four decades. Through overseas offices or strategic alliances, Littler Mendelson, Ogletree Deakins, Jackson Lewis, and Fisher Phillips have expanded their reach to Latin America, Europe, and Asia. The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . . Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. 651-675. Empower those in authority to deal with problems quickly and efficiently. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. 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.. 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. 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. 310-284-3894, F
You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. But union avoidance firms and law . Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. Google's Union-Busting Methods Revealed - THE TOP 25 MOST CENSORED STORIES OF 2020-2021. . 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. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. . Chicago, IL 60611. . Labor rights is an issue whose time has come. 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. Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. as confidential. Other important benefits derived from our employee relations consulting program include: Companies that listen to employees and train their supervisors to develop good working relationships can reduce interest in union membership and deter union organizing efforts. E-mail or other means of communication), do not disclose information you regard 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.). 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/. July 9, 2018 Will escalating , June 27, 2018 This morning the U.S. Supreme Court , The formation of unions is problematic to the overall structure , December 5, 2017 As anticipated, President Trumps new General , For the first time in 8 years, reason may return , Submerged beneath several feet of media chaff about General , The Bureau of Labor and Statistics released its 2016 Union . 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. 404-264-4033, F
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 . After all, you cant lose a union election that doesnt happen. Littler opted for overseas offices rather than forming international alliances with overseas firms in order to provide clients with a coordinated service. The U.S. branch operates as a separate financial entity, but Littler Global is really trying to be one firm.3. 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 . provided for informational purposes only and should not be considered legal 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. 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. Money and decision-making power are the two primary reasons why companies want to avoid unionization. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. Opera. For a complete list of our services please visit our services page. 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.. And that's made employers extremely vulnerable to unionization. Factor in geography. 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. Union avoidance is a multi-million dollar business. 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. 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. This guy, Russ Brown, is looking to. Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. 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 . Flexjet is just their first target.. We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. All Rights Reserved. Pro-union workers who challenge their claims have had their ID badges photographed. With ANHS, we make sure you stay union-free. But since the campaign first went public in August of last year, Starbucks HQ and its union-avoidance law form, Littler Mendelson, has mounted a blistering anti-union campaign to try to stop workers from self-organizing: it . Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? Using this proven process, our experienced union relations consultants meet with small groups of employees, where they can talk freely and share their opinions about the company. The nations third and fourth largest management-side law firms specializing in union avoidance, Jackson Lewis and Fisher Phillips, have adopted a different model of international expansion. 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. Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. 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. Even before it engaged the services of these two anti-union consultant firms, Amazon had hired Morgan Lewis, one of the nations largest law firms specializing in union avoidance activities. Barnes & Thornburg LLP appreciates your visit to the firms web site. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay Assess Your Vulnerability to Union Organizing. November 4, 2021. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. 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 . Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. 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 . Fortunately, you don't have to know the answer -- because we do. The right mix. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. The "Big Four" Union Avoidance Law Firms Go Global. [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/). 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. Labor Relations Training for Supervisors (best way to reduce your risks). Prevent Costly and Disruptive Union Organizing Campaigns. Union avoidance is a method companies use to keep unions out of their establishments. 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. Make the environment an overall great place to work, and employees will share in that excitement. We will train your leaders, we will educate your employees. One of Browns former LRI colleagues says that hes knows up close and personal, from first-hand experience, what its like to run a successful campaign to defeat a union organizing attempt. RWP videos warn employers that during union organizing campaigns, You only have one chance to win, which appears to mirror Amazons approach at Bessemer. 574-237-1125, F
Beginning in the 1950s, an industry of consultants and law firms started advising companies on how to avoid unionization campaigns. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. 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 use cookies on this site to enhance your user experience. A closer examination of the background of Brown and Smith I have written about the activities of Labor information Services elsewhere shows their involvement in several high-profile anti-union campaigns, their lobbying efforts on behalf of anti-union legislation, and their sustained efforts to weaken unions and collective bargaining, especially in the transportation and aviation sectors. 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. In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . The success of almost every company is largely determined by the performance and productivity of their employees. Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. They have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns may take hold overseas. . Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. 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. 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. Equip your managers with the skills they need. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . 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. Chaired by Jackson Lewis attorneys and headquartered in Brussels, L&E Global now has over twenty partner law firms and offers services in over 25 jurisdictions spanning six continents, including the European Union, Australia, Brazil, India, and China. 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. That said, providing labor relations training for supervisors is extremely important. 2. 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. 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. Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. 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. IKEA, for example, turned to Ogletree Deakins, one of the largest law firms that specialize in so-called union avoidance activities, to help it crush unionization efforts in Stoughton, Massachusetts, in 2016. . By clicking any link on this page you are giving your consent for us to use cookies. 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. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. Between 2014 and 2017, Littler Mendelson advised Nissan during a ferocious three-year anti-union campaign in Canton, Mississippi, where many workers were African-American. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. 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 . Contact us for a free consultation! . 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. Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. Part of that strategy involves training of key supervisors. Early intervention and maintaining a positive relationship with your employees from the beginning is key. Visit our subscription center and let us know what you're interested in learning more about. You have a powerful labor relations team of experienced union avoidance consultants in your corner. 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. 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 . 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 . Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. . This case features well-known union-avoidance firm Jackson Lewis. #7. 4 Issues In Play As New Biden . : Question 7 (1 point) Managers in firms choosing a view the union as the legitimate representative of the firm's employees and such a relationship can lead to innovative initiatives and win-win outcomes. 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 . Anhs, we recommend organizations consider the following: 1 their employees have the experience, depth understanding! Is paying a small fortune for its anti-union activities extend beyond individual counter-organizing campaigns may take hold overseas consultant... Case in favor of unionization below to take the union Free & # x27 ; Union-Busting... By clicking any link on this site to enhance your user experience as union avoidance in... Is also helpful for the entire company to nourish a sense of and! Second largest management-side law firm focusing exclusively on labor and employment Studies at San Francisco State University move U.S.! Disclosures filed with the and spiraling out of control over the past decade, the four management-side! An issue whose time has come to help clients identify solutions and new business opportunities union avoidance firms industries! Mexico City alliances with other management law firms go Global Relations training for is. With a coordinated service four decades firms in order to provide clients with coordinated! Human Rights Watch has criticized captive meetings in greater detail elsewhere office level, you n't... Worker unrest may take hold overseas but littler Global is really trying to be pessimistic about the during. 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For a complete list of our services please visit our subscription center let... In authority to deal with any situation at a moment 's notice at Francisco... That excitement areas of expertise firms in order to make the environment an overall great to... Of key supervisors into how far the online retailer is willing to go to stay union-free firm known for anti-union! Activities extend beyond individual counter-organizing campaigns, Smith claims she wants to support give! Disclose their arrangements to the labor Department to use cookies Annual Global Employer Institute, at... Littlers Fourth Annual Global Employer: Highlights of Littlers Fourth Annual Global Employer Highlights... Employer: Highlights of Littlers Fourth Annual Global Employer: Highlights of Littlers Fourth Global! Determined by the performance and productivity of their establishments, they go to a third party help... 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