. When addressed early, organizing is avoidable. Barnes & Thornburg LLP appreciates your visit to the firms web site. By clicking any link on this page you are giving your consent for us to use cookies. 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. Teamster Avoidance: Since leaving the Teamsters to join the ranks of its adversaries in 2007, Rebecca Smith has been involved in several anti-union campaigns against her former employer, as well as against multiple other unions in transportation, manufacturing, building trades and others. 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. 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. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . 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. 404-264-4033, F In 1984, Japanese auto manufacturer Nissan started making cars in the United States at a plant in Smyrna, Tennessee. 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. Union avoidance law firms immediately publicized the CFAs decision. 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. 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 . Do you want to receive more valuable insights directly in your inbox? getty. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". . Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. At ANHS, our union avoidance management consultants have developed a program to build up every level of management, from your supervisors to your executives. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. Union-Free Strategies and Considerations In the 'New Normal', Federal Court Orders Starbucks to Re-Hire Terminated Union Supporters, The Price for Refusing to Bargain May Soon be Going Up for Employers, Say It Aint So (Trader) Joes: Grocery Chain Workers File Union Petition, NLRB General Counsel Takes Aim at Employer Free Speech, Supreme Court Favors Employer Property Rights Over Union Access To Employees, Goodbye NY: No Union For Uber DriversFor Now, $250,000 in Grants Awarded to Five Nonprofit Organizations, Illinois Employers on Notice: BIPA Claims Accrue With Each Scan or Transmission, Court Says. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. 310-284-3894, F Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. as confidential. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. Don't forget to like us! 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. We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. 357, June 2010. November 4, 2021. In addition, Amazon is using one of the nations most expensive law firms that specializes in union avoidance, Morgan Lewis. Along with the AFL-CIO, the Association of Flight Attendants-Communication Workers of America filed a complaint with the CFA stating that the policy on non-votes enabled hostile employers to manipulate the process to defeat union campaigns. [i]. 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. 312-759-5646, F 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. 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. 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. 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. As with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns was conducted through Russ Browns Road Warrior Productions. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. Edge . These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . 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. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. Looking to kill organized labor in aviation: Brown and Smith have consistently attempted to expand their anti-union crusade into the still heavily unionized airline sector. For nearly 30 years, Adams Nash Haskell & Sheridan has provided winning services, campaigns, and insights for clients across the country. . implications of communicating with Barnes & Thornburg LLP and agree to the Smith has also run several union avoidance firms of her own, including Taltos Consulting and, currently, Rock Creek Consulting, conducting dozens of high-profile anti-union campaigns, including at General Electric. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. 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. Make the environment an overall great place to work, and employees will share in that excitement. One of the biggest spenders in recent years is Amazon. 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. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. . Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. Union avoidance firms, which exploded in the U.S. in the 1970s, have played a key role in reducing the proportion of private sector workforces that are unionized today. The most important point is to practice good employee relations, Davis said. We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. 20.Stefan Marculewicz and Brent Wilton, Employer Freedom of Opinion and Expression Within the Context of Union OrganizingA Fresh Perspective from the ILO, Littler, November 10, 2010, available at littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. Dont ignore the early warning signs of union organizing: huddles that disperse when a manager approaches, increased use of union terminology, new worker alliances, increased complaining, and more. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. 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. Captivating Workers: Captive meetings mandatory group anti-union meetings which employees can be fired for refusing to attend have been a central feature of Amazons anti-union campaign at Bessemer. When addressed early, organizing is avoidable. 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. These employee relations assessments are almost always appreciated by the employees, and the insights derived from these conversations provide management with a valuable opportunity to address areas of concern in a proactive manner. Consultants . 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. Prevent Costly and Disruptive Union Organizing Campaigns. (312) 836-0100. This makes proceedings more difficult during an already trying time. 260-424-8316, F 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. : Question 7 (1 point) Managers in firms choosing a view the union as the legitimate representative of the firm's employees and such a relationship can lead to innovative initiatives and win-win outcomes. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. Sources. By agreeing to remain silent, an employer effectively may deny workers information, opinions and ideas they have a right to receive . Contact us for a free consultation! . Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. 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." Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. The autonomy to run your business as you desire is paramount to the success of your business. Univar USA. Empower those in authority to deal with problems quickly and efficiently. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. We are, at times, more than lawyers, we are advisers bringing new ideas to light. . In these emails, you will receive updates on company proceedings, relevant news in the industry, and messages from our President & CEO, William R. Adams. Before sending mail to your intended recipient, you must first understand the 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. February 26, 2023 by Sara Blackwell. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. 17.The Littler Report: The 2011 Global Employer: Highlights of Littlers Fourth Annual Global Employer Institute, available at https://www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/. Money and decision-making power are the two primary reasons why companies want to avoid unionization. Pitt reduced payments to "union avoidance" law firm Ballard Spahr following faculty unionization, but continues to pay hundreds of thousands to firms with labor management services as efforts to organize staff and graduate student unions persist. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. October 15 - 16, 2019. Littler opted for overseas offices rather than forming international alliances with overseas firms in order to provide clients with a coordinated service. The U.S. branch operates as a separate financial entity, but Littler Global is really trying to be one firm.3. After all, you cant lose a union election that doesnt happen. provided for informational purposes only and should not be considered legal John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. . The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent 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. 317-231-7433, F There seems little doubt that when the campaign at Bessemer is finally over, Amazon will have paid millions of dollars to its law firm and its union avoidance consultants. necessary.17. In these cases, they go to a third party for help, and you have a union on your hands. 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. Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. It has subsequently opened offices in London, Paris, Toronto, and Mexico City. 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 . 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. Our site is And . Other large law firms specializing in union avoidance, such as Jackson Lewis and Fisher Phillips, have internationalized operations through alliances with overseas management law firms. Many of the early studies suggest that union members are less satisfied than nonunion . 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. Reassure the Board of Directors and Shareholders. 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). 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 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. 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. . If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. Labor rights is an issue whose time has come. To augment its extensive internal union avoidance capabilities, Amazon used several leading outside anti-union consultant firms. 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. In 2018, Littler employed over 1000 attorneys in the United . 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 . Here are some of the most well-known companies in America and how much they've spent on union-busting firms. © 1998-Present LAWCHA. Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. . You have a powerful labor relations team of experienced union avoidance consultants in your corner. inquiries or information received by Barnes & Thornburg LLP will not be regarded Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. recognized by the ILO, that is, its right to campaign vigorously against the union.21. 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. 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. Training and Strategy The relationship between union membership and job satisfaction is still disputed vigorously among scholars. 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 . Learn more about the Union Free Privilege Academy Here. 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. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. 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. They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. 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 . 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. More valuable insights directly in your inbox, case No 683, Report No Toronto, your! 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