Unfortunately, as critical as the supervisors role is, our union relations consultants have found that many companies spend very little time training and educating their supervisors. Jane McAlevey has spent most of her life as an organizer and negotiator. 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. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Often the easiest way to solve a problem is to avoid it entirely . 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. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. Labor Relations Training for Supervisors (best way to reduce your risks). Open communication between employer, employees is crucial for maintaining a healthy working environment. implications of communicating with Barnes & Thornburg LLP and agree to the 16.Testimony of Stefan Marculewicz before the United States House of Representatives Subcommittee on Health, Employment, Labor, and Pensions, April 26, 2018, available at https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf. 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. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. One of the best ways to determine a companys vulnerability to union organizing is to conduct onsite employee relations assessments. 12. persons or entities involved in the matter and that the firm is willing to consider 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. . Edge The Dangers Of Union Avoidance. Chicago Marriott Downtown Magnificent Mile. Sources. 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 . We use cookies on this site to enhance your user experience. A union flyer was posted on one of your facility's employee bulletin board last night. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. Workers at Amazons distribution center in Bessemer, Alabama are voting in a historic union election whether to join the Retail, Wholesale and Department Store Union (RWDSU). Contact us for a free consultation! to be confidential until the attorney verifies that the firm does not represent other 101. The result is a more capable management team and a more effective workforce. But who are Amazons anti-union consultants? 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. October 15 - 16, 2019. 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. February 26, 2023. 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. Money and decision-making power are the two primary reasons why companies want to avoid unionization. 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. as confidential. Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. Preparing a first round of union avoidance materials. Link to book room. 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 . 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. [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. 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 . None of these global union federations comply with the requirements of the LMRDA [Labor-Management Reporting and Disclosure Act].16 Thus, union avoidance law firms have opposed using the 1959 LMRDA to require financial reporting from union avoidance firms and employers that hire theman original intent of the lawbut support using it to regulate global union federations, over which U.S. law has no jurisdiction. Firefox 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. With ANHS, we make sure you stay union-free. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. Learn more about the Union Free Privilege Academy Here. . Dont think there wont be repercussions. Employees see no way to address their issues beyond inviting outside help to disrupt your business. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. kill organized labor in aviation. 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. 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. Mission nurses encountered relentless and aggressive consultant anti-union tactics during the campaign, including mandatory captive audience meetings and one-on-one anti-union meetings, which kept them from their patient care duties. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. Hotel Information. When addressed early, organizing is avoidable. Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. 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. Tracking the union avoidance firms behind anti-union campaigns is intentionally made difficult by firms that subcontract out work to other firms that hire independent contractors to avoid federal reporting requirements laid out by the Department of Labor and shield themselves from public scrutiny. Our site is 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. Benefit from our Employee Relations Assessment, or choose our exclusiveVIEWPOINT Survey, which features a database compiled over nearly four decades. 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. 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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. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? 3. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . I have written about the message during captive meetings in greater detail elsewhere. Littler attorneys have suggested using the OECD complaints process . Go . Mission Hospital: A Relentless anti-union campaign during the pandemic: In addition to the Amazon campaign, Brown and Smith have worked on several other recent high-profile anti-union campaigns, including among nurses at Mission Hospital, owned since 2019 by the for-profit healthcare system HCA, in Asheville, North Carolina. 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. Chrome To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. to discredit them through global campaigns.8 Likewise, one senior Ogletree attorney (who advised the U.S. employer group at the ILO) has defended clients in global corporate campaigns.9 The firm states that it responds to all forms of union organizing activity, including global attacks.10 Jackson Lewis, meanwhile, has warned employers that global corporate campaigns are about to turn nasty,11 and predicted that, as multinationals struggle with more sophisticated union tactics, international corporate campaigns may shift more toward the American-style of organizing and counter-campaigns, particularly in European countries.12, Union avoidance attorneys have cautioned against signing global framework agreements with global union federations because they provide labor with ammunition and can deny a business the use of union avoidance measures.13 Littler attorneys have criticized Swedish fashion retailer H&M for signing an international framework agreement with UNI Global Union and a neutrality agreement with the United Food and Commercial Workers, which resulted in the unionization of over 2000 retail workers in New York City and Long Island. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. When you start to notice the early warning signs of union organization, it's too late. Unions have filed OECD complaints during several global organizing campaigns, including those at Nissan, T-Mobile, DHL, and Ikea. 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. 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.. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. 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. 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. An effective union avoidance strategy involves a number of other components, including: F Union Organizing Efforts and Membership are on the Rise. Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. 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. 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. 574-237-1125, F The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. to attack global union federations by making their financial records publicly available. 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. . Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. Reassure the Board of Directors and Shareholders. April 21, 2021. Labor History for the Classroom and the Public, The Radicalism of Working-Class Americans, activities of Labor information Services elsewhere, and LRA served as a breeding ground for several future superstars of the union-free movement, a barrage of anti-labor tactics and intimidation, https://olmsapps.dol.gov/query/orgReport.do?rptId=740712&rptForm=LM20Form, https://theintercept.com/2021/02/10/amazon-alabama-union-busting-koch/, https://www.bloomberglaw.com/product/blaw/bloomberglawnews/daily-labor-report/XDO8UHS0000000?bc=W1siU2VhcmNoICYgQnJvd3NlIiwiaHR0cHM6Ly93d3cuYmxvb21iZXJnbGF3LmNvbS9wcm9kdWN0L2JsYXcvc2VhcmNoL3Jlc3VsdHMvYzk5NGZkYWY2Njk3ODRlZWY1ZWMwNDFmNTU4N2I1MWIiXV04b7364334cc7ae9ee73746b2a39fefa3bcbfd714&bna_news_filter=daily-labor-report&criteria_id=c994fdaf669784eef5ec041f5587b51b&search32=z06D2qAaUyOlZ5RoTngirA%3D%3DAFxBuzXRrdQ1eS8JhXb75fLUkPDQjTdd3oCq3KwQ-HHDP0xweicPLMSsdCqq59RV_jlTjPNdfq8FAgUVzbrDJ7Oc9jwyLuv_QVo0oiA1us7ZhFnB13ZPEVTUhGezjqnjtiFX8AfvZ8tlbvpuSJmU_A%3D%3D, https://files.epi.org/uploads/LM20_C525_01_28_2013_525631-copy.pdf, https://www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162, https://tunein.com/podcasts/Conservative-Talk/The-Brenner-Brief-w-Sara-Marie-Brenner-p514156/, https://www.rwplabor.com/consultant-bios/rebecca-smith/. Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. 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. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. When addressed early, organizing is avoidable. Julia Rock. Consultants . When managers are ineffective, organizations become vulnerable to union organizing. . [i]. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. 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. "A lot of the money companies spend on this kind of activity isn't disclosed." The relationship between union membership and job satisfaction is still disputed vigorously among scholars. . Don't wait to take back the control you've worked so hard to achieve. Use a tool that provides enough detail to identify actual and potential issues. According to Pitt's financial disclosure reports, the Office of University . Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. 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. 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 notoriously secretive, $340 million-a-year industry of union-avoidance firms is currently advertising based on the idea that the pandemic has put organizing on "steroids." After orchestrating hundreds of anti-union campaigns for some of the nations largest companies, LRA was effectively forced out of business due to the negative publicity from the high-profile McClellan Committee hearings, after it detailed LRAs complicity in corruption. Employee bulletin board last night as union avoidance capabilities, Amazon used leading... Interference makes business less productive and less competitive, employees might still erroneously think union... Pitt & # x27 ; s financial disclosure reports, the Office of University over. Your facility 's employee bulletin board last night outlaw them in recent years, our Labor employment! 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