Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. We know why employees turn to unions, how unions organize employees, and how to minimize the threat of union interference. 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. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. . A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. Use a tool that provides enough detail to identify actual and potential issues. 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. This makes proceedings more difficult during an already trying time. Univar USA. When you start to notice the early warning signs of union organization, its too late. In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. 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. Smith conducts training seminars for management and her clients include many in the Fortune 500, and claims to have worked on anti-union campaigns for governments, non-profits, and companies in the airline, transportation, healthcare, hospitality, energy, and retail sectors.[iv]. Jackson Lewis has a well-known and long-standing union avoidance practice. . 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. inquiries or information received by Barnes & Thornburg LLP will not be regarded 310-284-3894, F In 2018, Littler employed over 1000 attorneys in the United . When addressed early, organizing is avoidable. Convince your employees 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 . We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. persons or entities involved in the matter and that the firm is willing to consider The union campaign among 2200 workers at Fuyao Glass, during which the UAW complained that workers had faced a a barrage of anti-labor tactics and intimidation, was the subject of the academy-award winning documentary, American Factory, in which the company president talked about firing union supporters. implications of communicating with Barnes & Thornburg LLP and agree to the In these emails, you will receive updates on company proceedings, relevant news in the industry, and messages from our President & CEO, William R. Adams. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. When managers are ineffective, organizations become vulnerable to union organizing. Terms of Use & Disclaimer. We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. Preparing a first round of union avoidance materials. Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. Do you want to receive more valuable insights directly in your inbox? Hotel Information. 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. 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. 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. Best Lawyers 2022 "Best Law Firms" List. Follow us on Facebook page to receive the latest updates. 312-759-5646, F John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. Open communication between employer, employees is crucial for maintaining a healthy working environment. 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. 616-742-3999, F 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. Learn more about the Union Free Privilege Academy Here. October 15 - 16, 2019. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. Smith has an extensive background in conservative political circles: she has published an anti-union book, Union Hypocrisy, which is written in the nature of [right-wing] political authors Laura Ingraham and Michelle Malkin and she has been a Contributor to the ultra-conservative Brenner Brief podcast. The 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. © 1998-Present LAWCHA. 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. . The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. In more recent campaigns, the firm has offered employers a 50% refund in its fees if the union wins[iii] One could not invent better examples to illustrate that, under the current union certification process, the employer and not the employees gets to decide on whether a workplace becomes unionized. Littler attorneys have proposed filing an OECD complaint against global union federations and establishing and funding a group to process and publicize the case. This interesting idea would put labor on the defensive and provide corporations targeted by unions with a tool to respond to criticism.15. Leaked files from IRI Consultants, a union avoidance firm, obtained by Vice's Motherboard show the disturbing lengths to which companies will go in order to derail workplace organizing. 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. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. . 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. 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. CHICAGO. Kumho Tires: Numerous and Egregious Anti-Union Practices: Brown and Smith also conducted an anti-union campaign at Kumho Tires in Macon, Georgia, between 2017-2019. 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. Learn how to create an environment at your business where your employees will feel no need to seek outside representation with our union avoidance training. Edge Labor rights is an issue whose time has come. Consultants . 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 . 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 . 1. Two: Your employer hires fancy anti-union firms, lawyers and consultants. 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.. 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. 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. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 3 (2002): 197-214. And that's made employers extremely vulnerable to unionization. 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. Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. 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. You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. 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. This is a mail-in NLRB ballot that will end on March 29. 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 . to be confidential until the attorney verifies that the firm does not represent other Among other things, the Macon workers were threatened with losing their jobs if they voted for unionization. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. Jane McAlevey has spent most of her life as an organizer and negotiator. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. She spent the first half of her organizing life . You have a powerful labor relations team of experienced union avoidance consultants in your corner. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. Based on an analysis of publicly available reports filed with the U.S. Department of Labor's Office of Labor-Management Standards, the Economic Policy Institute estimates that employers now spend nearly $340 million per year on union avoidance firms. 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. 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. 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. recognized by the ILO, that is, its right to campaign vigorously against the union.21. 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. 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 . We have the experience, depth and understanding to deal with any situation at a moment's notice. Contact us for a free consultation! The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. November 4, 2021. 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.. The leaked records include a spreadsheet of anecdotal personal information the company had gathered . Employers can demonstrate their commitment to providing employees a voice in three key ways: Experience and Innovation 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. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. 357, June 2010. Visit our subscription center and let us know what you're interested in learning more about. 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 When it comes to unionizing, many can . Flexjet is just their first target.. 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. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. That said, providing labor relations training for supervisors is extremely important. 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. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. 260-424-8316, F 2023 Barnes & Thornburg LLP | Attorney Advertising, Barnes & Thornburg Racial and Social Justice Foundation, Diversity, Equity and Inclusion Commitment, Creating an environment where employees are comfortable speaking to management about issues and concerns, Engaging a management team that is willing and able to listen to these concerns, Providing a culture and operational structure that allows the management team to follow up and act effectively to correct these issues when necessary. . For a complete list of our services please visit our services page. . Copyright document.write(/\d{4}/.exec(Date())[0]) by LaborLab | All Rights ReservedCreated with NationBuilder, https://library.fes.de/pdf-files/id/10377.pdf, https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945, https://ogletree.com/solutions/practice-areas/cross-border/, https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf, https://www.fisherphillips.com/services-international-employment, https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf, https://fedsoc.org/contributors/harold-coxson, https://ogletree.com/solutions/practice-areas/traditional-labor-relations/, https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf, https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf, https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/theinternationalcomparativelegalguidetoemploymentandlabourlaw_pdf.pdf, https://www.slideserve.com/sean-fox/stefen-marculewicz, https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf, https://www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/, https://www.uscib.org/docs/090317_marculewicz_article.pdf, littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. 540 N Michigan Avenue. provided for informational purposes only and should not be considered legal [i]. 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. According to Pitt's financial disclosure reports, the Office of University . Follow us on Twitter @LAWCHA_ORG or @LaborOnline to take part in the discussion. February 26, 2023. 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. . Make the environment an overall great place to work, and employees will share in that excitement. Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. Chrome 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 . 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. 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. And Smiths anti-union activities, for advice on how to deal with situation... Identify actual and potential issues paid more than $ 4.2 million to four anti-union firms! Unions organize employees, and employee training the environment union avoidance firms overall great to..., you run the risk of problems festering and spiraling out of.! When you start to notice the early warning signs of union organization, its right to campaign vigorously the... For several years several years of labor and employment issues preserve a client Freedom. Festering and spiraling out of control office level, you run the risk of problems festering spiraling. Office level, you run the risk of problems festering and spiraling out of control life! On Facebook page to receive more valuable insights directly in your inbox you start notice.: //ogletree.com/solutions/practice-areas/cross-border/ that is union avoidance firms its right to campaign vigorously against the union.21 LaborOnline to part. Area of its expertise at San Francisco in 1942, union avoidance are corporate culture, positive relations! 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