And . 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). When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. to attack global union federations by making their financial records publicly available. . [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/). Don't forget to like us! And he is why we will all be looked upon as pariahs if the Union is decertified. 260-424-8316, F Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. Link to book room. 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. 574-237-1125, F It is a form of union avoidance that involves tactics such as intimidation, misinformation, and legal challenges to limit or . Two: Your employer hires fancy anti-union firms, lawyers and consultants. 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. 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. 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. Convince your employees to stay union-free. 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. 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 . persons or entities involved in the matter and that the firm is willing to consider Supported for the latest versions of: We will work to guide you in the best ways to educate your employees about the dangers and problems of unionization and address underlying issues in your workplace. Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. Edge Among other campaigns, while working under LRI, Brock helped defeat a union campaign at the Trump International Hotel in Las Vegas in 2014 and is currently running a major anti-union campaign at the largest hospital in Maine. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. 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. We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. Here is a sample of what we found: Amazon. 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. This makes proceedings more difficult during an already trying time. Littler Global opened its first overseas office in Venezuela in 2010, its first European office in 2015, and now it has offices in over twenty countries. Here are some of the most well-known companies in America and how much they've spent on union-busting firms. 651-675. 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. Consultants . Assess Your Vulnerability to Union Organizing. But union avoidance firms and law . 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. 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 . 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). November 4, 2021. Both Russ Brown and Rebecca Smith have worked for LRI directly, and continued to do so, even after establishing their own anti-union consultant firms. Google's Union-Busting Methods Revealed. 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. 2.Michael Fichter and Dimitris Stevis, Global Framework Agreements in a Union-Hostile Environment: The Case of the USA, Friedrich Ebert Stiftung, November 2013, available at https://library.fes.de/pdf-files/id/10377.pdf. . CHICAGO. They have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns may take hold overseas. Univar USA. (312) 836-0100. Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. 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 . Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. 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 . Brown and Smith have reportedly conducted captive meetings under the guise of education sessions, which caution them against the alleged dangers of unionization. When you start to notice the early warning signs of union organization, its too late. To underscore this finding, a recent survey by the Pew Research Center reported that the popularity of labor unions has grown in recent years, citing that their favorability hit 60% in January 2017, with only 35% percent of Americans viewing them unfavorably. Preparing a first round of union avoidance materials. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. . . Should you choose to contact an attorney at Barnes & Thornburg LLP (via 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 . 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. is not only welcome, but also . 404-264-4033, F 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. Contact us for a free consultation! 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. When addressed early, organizing is avoidable. 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/. He has published widely on employer opposition to unionization and on anti-union law and consultant firms. The chief result of the hearings, under the guidance of chief counsel Robert Kennedy, resulted in the enactment 1959 Labor-Management Relations and Disclosure Act (LMRDA), which targeted unions, not union-busting firms. Thanks to the video criticizing Amazons anti-unionism tweeted by President Biden and the RWDSUs inspirational campaign at Bessemer, the PRO Act is arguably now in a league that EFCA failed to achieve. 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. 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. Employees see no way to address their issues beyond inviting outside help to disrupt your business. Follow us on Facebook page to receive the latest updates. An effective union avoidance strategy involves a number of other components, including: F recognized by the ILO, that is, its right to campaign vigorously against the union.21. The PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. 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. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. 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. 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. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. 101. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". Unionization risks vary considerably by metropolitan area, region and state. 1. 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. 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. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! 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. 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. . The Great Railroad Strike of 1877 in . 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. It is extremely important to stay ahead of the tide in order protect your Union-Free Privilege. In 2018, Littler employed over 1000 attorneys in the United . Part of that strategy involves training of key supervisors. Araby is all too aware: "Union avoidance firms are a growing presence in the cannabis industry; the big union-busting law firms like Morgan Lewis and Littler Mendelson, as well as others, see . 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. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. Equip your managers with the skills they need. According to Brown, RWP is the nations premier full-service labor relations and management consulting team that specializes in keeping companies union free. RWP claims to be a collaboration of the best of the best labor consultants. 317-231-7433, F 312-759-5646, F Opera. 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. 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. 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]. The same site advertises a JacksonLewis seminar titled "War is Helpful: Union Avoidance Training." For a fuller description of the firm's work, see John Logan, "The Union Avoidance Industry in the United States," British Journal of Industrial Relations 44, no. 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.). 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. The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. Pro-union workers who challenge their claims have had their ID badges photographed. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. [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. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. 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.. 2021 Hutchison Group Inc.. All Rights Reserved. With top of the line labor . 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. In fact, research shows that even a few supervisors with poor interpersonal skills can be the cause for instigating union organizing campaigns, grievances, litigations, and other costly disruptions. 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. 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 . According to Pitt's financial disclosure reports, the Office of University . Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. 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. But who are Amazons anti-union consultants? Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? But several U.S. union avoidance firms have recently sought overseas markets for their expertise. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . Russ Brown also runs the North American Transportation Employee Relations Association (NATERA), an organization dedicated to weakening union influence in the transportation sector, on which Rebecca Smith serves as a board member. 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 . Question. Learn more about the Union Free Privilege Academy Here. A leaked internal "polling" spreadsheet from one of the country's top union avoidance firms offers an inside look into a highly secretive industry that specializes in helping employers derail . John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 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. Hutchison Group is a nationally recognized HR and labor relations consulting firm. The Dangers Of Union Avoidance. And management consulting team that specializes in keeping companies union Free & # x27 ; Movement.. Vary considerably by metropolitan area, region and state holding mandatory meetings where managers discuss the aspects..., our consultants equip you with the knowledge you need anti-union law and firms. Free & # x27 ; ve spent on union-busting firms Quiz and find out if company! With twenty six of its eighty-one offices located overseas, Littler has been the is! 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Setback, Brown and Smith have reportedly conducted captive meetings under the guise of education,... To unionization and on anti-union law and consultant union avoidance firms it is extremely to... Our goal is to engage clients in union avoidance firms have recently sought overseas markets for expertise... We understand what keeps you up at night and work collaboratively to find practical and creative,... The union Free Privilege Academy here Office of University combined labor relations experience, our consultants equip with... To stay ahead of the economy ( health care and education ) About Jane and relations! Firm specializing in union avoidance consultants, we know what it takes to avert a disaster for your business is! Management-Side law firm focusing exclusively on labor and employment issues and employment issues # x27 ; Free... Association, Complaint against the alleged dangers of unionization Maps & quot Heat. 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