The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. 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. Univar USA. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. 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. 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. 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. One of the best ways to determine a companys vulnerability to union organizing is to conduct onsite employee relations assessments. 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 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 . Google's Union-Busting Methods Revealed. We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. 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. We call it The Union-Free Privilege. implications of communicating with Barnes & Thornburg LLP and agree to the Labor Relations Training for Supervisors (best way to reduce your risks). Go . 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. 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 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . I have written about the message during captive meetings in greater detail elsewhere. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. . In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. Make the environment an overall great place to work, and employees will share in that excitement. 11.Jackson Lewis, Surveying the New Labor Law Landscape, 2011, available at https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf. According to Motherboard, leaked polling spreadsheets from one of the most prominent union avoidance firm, IRI Consultants, show how anti-union consultants profile and essentially characterize . 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. 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. 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. Empower those in authority to deal with problems quickly and efficiently. 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. 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. Unionization risks vary considerably by metropolitan area, region and state. 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. 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. Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. 260-424-8316, F We have the experience, depth and understanding to deal with any situation at a moment's notice. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. Convince your employees to stay union-free. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. 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 provided for informational purposes only and should not be considered legal Whether you choose one-on-one mentoring, group training, or The Union-Free Privilege Academy, our union avoidance management consultants tailor seminars and workshops to meet the specific needs of your organization. We are, at times, more than lawyers, we are advisers bringing new ideas to light. Her Reliant bio page states: As a consultant, Rebecca has led numerous anti-union campaigns, resulting in a winning record for the companies with whom she partnered, including but not limited to government, non-profit, and for profit organizations within airline, transportation, healthcare, hospitality, energy and retail industries. This includes our Leadership Effectiveness Analysis, which helps your managers identify and leverage their strengths. It is estimated that companies spend between $500 million and $2 billion per year on union-busting activities. 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. 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. This makes proceedings more difficult during an already trying time. She spent the first half of her organizing life . In addition, consultants such as Brown and Smith script anti-union messages for corporate clients, such as the texts that Amazon has been sending to the phones of Bessemer workers several times per day, the anti-union billboards that Amazon has displayed around the Bessemer facility, or the anti-union flyers it has put up inside the stalls of the restrooms in Bessemer. Union avoidance law firms immediately publicized the CFAs decision. 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. 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 . In 2018, Google dropped its long-time slogan, "Don't be evil" from its code of conduct. 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. (312) 836-0100. February 26, 2023. Two: Your employer hires fancy anti-union firms, lawyers and consultants. Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. . . The Dangers Of Union Avoidance. persons or entities involved in the matter and that the firm is willing to consider 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. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. 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. When addressed early, organizing is avoidable. 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. Fewer problems arise when employees have faith and trust in their organizational superiors. 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. This guy, Russ Brown, is looking to. With ANHS, we make sure you stay union-free. 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 . NATERA seeks to expand knowledge on union expertise issues among its members. Fortunately, you don't have to know the answer -- because we do. She's fourth generation union, raised in an activist-union household. The "Big Four" Union Avoidance Law Firms Go Global. 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. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. Benefit from our Employee Relations Assessment, or choose our exclusiveVIEWPOINT Survey, which features a database compiled over nearly four decades. 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." The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. In 2018, Littler employed over 1000 attorneys in the United . Training and Strategy 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. 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. Union membership in the United States has declined dramatically over the last several decades, with just 6.2% of private sector workers belonging to a union in 2019, compared to 16.8% in 1983. 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.. During this crucial labor relations assessment process, our labor relations consultants LISTEN carefully to employees and focus on (1) what is working well, (2) areas of concern, and (3) their recommendations for improvement. 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. 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. 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. Beginning in the 1950s, an industry of consultants and law firms started advising companies on how to avoid unionization campaigns. Jane McAlevey has spent most of her life as an organizer and negotiator. 357, June 2010. 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. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. For example, under the Obama Administration, Brown wrote against the Employee Free Choice Act lobbied against pro-labor changes to the FFA Reauthorization Act and testified against the Obama NLRB efforts to streamline the union certification process to prevent employers from using delay to undermine union campaigns. Flexjet is just their first target.. According to forms filed with the Labor Department in connection with several anti-union campaigns over the past decade, Brown and Smith have worked under Philip Wilson, CEO of LRI. 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. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. And . necessary.17. 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 . 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. The success of almost every company is largely determined by the performance and productivity of their employees. 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. 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/. Littler attorneys have also proposed that global union federations be regulated by U.S. law. The first nationally prominent consultant was Chicago-based Nathan Shefferman, who, as Sanford Jacoby described in Modern Manors (1997), worked for Sears Roebuck before establishing his own consulting firm, Labor Relations Associates (LRA). Opera. Question. Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. Early intervention and maintaining a positive relationship with your employees from the beginning is key. Should you choose to contact an attorney at Barnes & Thornburg LLP (via Thomas McKibbin, a . Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . 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. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. 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. It is extremely important to stay ahead of the tide in order protect your Union-Free Privilege. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. But union avoidance firms and law . Advertisement. . 3.Meredith Hobbs, Strong Demand Fuels Growth for Big Four Labor and Employment Firms, LAW.COM Daily Report, April 11, 2019, available at https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945. #7. Money and decision-making power are the two primary reasons why companies want to avoid unionization. The "Big Four" Union Avoidance Law Firms Go Global. Disclose their arrangements to the Labor Department solutions and new business opportunities across... Firm that frequently hires consultants from another union-busting firm with alt-right sympathies most aggressive in expanding internationally 30. By the performance and productivity of their employees 1950s, an industry of consultants and Law firms started advising on... Depth and understanding to deal with any situation at a moment 's notice ANHS & # x27 ; union-busting! 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