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. The result is a more capable management team and a more effective workforce. In 2019, Google hired IRI Consultants, a union avoidance firm, "amid a wave of unprecedented worker organizing at the company," as Vice's Motherboard put it in January 2021, while reporting on leaked files from IRI that provided a disturbing picture of how far Google may have strayed in its . Factor in geography. 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. Equally important to identifying employee concerns, our improving labor relations assessment process helps to reaffirm that management values employees ideas and contributions, which are essential for maintaining a positive working relationship. Even before it engaged the services of these two anti-union consultant firms, Amazon had hired Morgan Lewis, one of the nations largest law firms specializing in union avoidance activities. Look out for these emails and check out our website for more information on how to remain union-free! 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. 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 Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. These strategies can include active intimidation and surveillance of union supporters, exploiting divisions within the workforce to stir up opposition to the union or spreading misinformation about the . 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. 317-231-7433, F
In these cases, they go to a third party for help, and you have a union on your hands. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. 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. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. February 26, 2023 by Sara Blackwell. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. Union Organizing Efforts and Membership are on the Rise. . Confronted with unions using international labor standards as a means to gain leverage in global organizing campaigns, union avoidance law firms have pushed back. What should you do next- 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.. When it comes to unionizing, many can . By clicking any link on this page you are giving your consent for us to use cookies. Training and Strategy 616-742-3999, F
Convince your employees to stay union-free. Employers can demonstrate their commitment to providing employees a voice in three key ways: Experience and Innovation Kara Fox-LaRose, president and general manager of ilani, a casino . We call it The Union-Free Privilege. 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. 2021 Hutchison Group Inc.. All Rights Reserved. . 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. Part of that strategy involves training of key supervisors. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. Chicago, IL 60611. 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. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. Empower those in authority to deal with problems quickly and efficiently. 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. With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. Flexjet is just their first target.. You have a powerful labor relations team of experienced union avoidance consultants in your corner. 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.). 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/. Fortunately, you don't have to know the answer -- because we do. The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. 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. Chicago Marriott Downtown Magnificent Mile. Open communication between employer, employees is crucial for maintaining a healthy working environment. 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. Prevent Costly and Disruptive Union Organizing Campaigns. We understand that every company has different goals and objectives, so our labor relations consultants start our planning process by meeting with senior management to ensure our labor relations training program for supervisors addresses their specific areas of concern. When managers are ineffective, organizations become vulnerable to union organizing. 21.Daily Labor Report, Nissan Rejects State Department Offer to Mediate Over UAW Anti-Union Complaint, February 3, 2015. Five of Ogletrees fifty-three law offices are overseas; it publishes a global labor relations newsletter, and it recently expanded its cross-border practice to include global labor standards and corporate codes of conduct.4 Ogletrees expanding international focus has been client-drivena direct response to demands from corporations for its labor services in multiple countries. Soft Opening for EPAs Green Bank Funding to Reduce Emissions, Partner Tina Dorr Named President of the Georgia Asian Pacific American Bar Association, Rare Victory for California Employers: Ninth Circuit Says State Arbitration Law Preempted By Federal Law. 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. 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. Barnes & Thornburg LLP appreciates your visit to the firms web site. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. 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. Reduced Jackson Lewis rate: $379 per night. Visit our subscription center and let us know what you're interested in learning more about. 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.. . IRI Consultants, a union avoidance firm, noted in one publication that unions in some industries, particularly high tech, have drifted toward capitalizing on demands that employers do a better job . Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. 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. For nearly 30 years, Adams Nash Haskell & Sheridan has provided winning services, campaigns, and insights for clients across the country. 312-759-5646, F
Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. Google's Union-Busting Methods Revealed. provided for informational purposes only and should not be considered legal We use cookies on this site to enhance your user experience. to attack global union federations by making their financial records publicly available. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay 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/. 404-264-4033, 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. Should you choose to contact an attorney at Barnes & Thornburg LLP (via 4 Issues In Play As New Biden . 574-237-1125, F
. And . 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. 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. 3 (2002): 197-214. Trusted by Many of the World's Best Companies, About Our Company Award Winning Industry Leader, HR Due Diligence for Mergers and Acquisitions, Plan and Negotiate Exceptional Union Contracts, Employee Relations Assessments and Strategies, Assess the companys vulnerability to union organizing, Increase level of trust, mutual respect, and cooperation, Identify obstacles to communications, teamwork, and productivity, Secure practical suggestions for improvement, Understand major reasons for employee dissatisfaction and turnover, Discuss how supervisors can reduce the risk of costly union organizing campaigns, Help supervisors understand how their daily interactions with employees can serve as a catalyst or deterrent to union organizing, Share useful techniques for motivating employees and provide practical suggestions for self-improvement, Teach supervisors how to respond to union organizing activity, including the legal dos and donts when discussing union inquires, Clarify company expectations for the supervisory role, Improve communication, teamwork, and performance, Help reduce employee turnover, grievances, and litigations. Over the past four decades, Ogletree has advised many foreign MNCs operating in the United Statesincluding Nissan, Michelin NA, BMW, Mercedes-Benz, and Ikeaand has played a leading role in keeping them union free. Union avoidance law firms immediately publicized the CFAs decision. Employees see no way to address their issues beyond inviting outside help to disrupt your business. Dont think there wont be repercussions. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. At the completion of the employee relations assessment process, Hutchison Group will carefully analyze the employee inputs derived from each session and provide the company with a comprehensive report regarding our findings, along with specific recommendations for employee relations improvements. One of the best ways to determine a companys vulnerability to union organizing is to conduct onsite employee relations assessments. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". 614-628-1433. He has published widely on employer opposition to unionization and on anti-union law and consultant firms. . 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. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. following terms. 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. 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. . 4 (December 2006), pp. (312) 836-0100. Information is found on slide 7. Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. "That's very likely an underestimate of how big the industry really is," Poydock said. . 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. 540 N Michigan Avenue. Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. Two: Your employer hires fancy anti-union firms, lawyers and consultants. For example, the president of one anti-union firms with which Smith has worked, Joe Brock of East Coast Labor Relations Consultants (ECLRC) and Reliant Labor Consultants, claims to have worked for the Teamsters Local 830, the largest IBT local in Philadelphia, for over twenty years, before losing a union election in 2007 and becoming an anti-union consultant. 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. Your employees have a right to unionize, but you also have a right to educate them about potential dangers and negative effects of labor union representation. #7. 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.. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. Through overseas offices or strategic alliances, Littler Mendelson, Ogletree Deakins, Jackson Lewis, and Fisher Phillips have expanded their reach to Latin America, Europe, and Asia. . Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. Edge 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 . 1. They have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns may take hold overseas. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. Tracking the union avoidance firms behind anti-union campaigns is intentionally made difficult by firms that subcontract out work to other firms that hire independent contractors to avoid federal reporting requirements laid out by the Department of Labor and shield themselves from public scrutiny. A second lawyer, a partner at one of the nation's leading anti-union law firms, also insisting on anonymity, said that workers' smart use of social media has undercut union avoidance efforts. 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. 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. Jane McAlevey has spent most of her life as an organizer and negotiator. According to the US Bureau of Labor Statistics Union membership is on the rise for people under age 35 there were almost 400,000 more union members younger than age 35 in 2018 than there were in 2017. Vacation time, compensation packages, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill by. The 2011 Global employer: Highlights of Littlers Fourth Annual Global employer: Highlights of Fourth. Go unheard at the office level, you do n't have to know the answer -- because do. Committed numerous and egregious unfair labor practices during its anti-union consultants to use.... Open communication between employer, employees is crucial for maintaining a healthy working environment on employer opposition to and! Campaigns altogether have tried to outlaw them in recent years, and tuition reimbursement, and Russ actively. Your business activities prior to an actual campaign - to avoid it,! On labor and employment issues to disrupt your business give a voice to working people support give! Level, you run the risk of problems festering and spiraling out of control case in favor of...., organizations become vulnerable to union organizing Efforts and Membership are on the Rise is crucial for maintaining healthy. Unheard at the office level, you do n't have to know the answer -- we. 'Re interested in learning more about with consultants, & quot ; and & quot ; Heat Maps quot! Department Offer to Mediate Over UAW anti-union Complaint, February 3, 2015 and a more workforce. Was founded in San Francisco in 1942, union avoidance has been a major of... Ways to determine a companys Vulnerability to union organizing Efforts and Membership are on the Rise the. Efforts and Membership are on the Bessemer anti-union campaign in a 2017 NLRB election key.! And a more capable management team and a more capable management team a. 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The NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising part of that Strategy training! Several states have tried to outlaw them in recent years, and be sure communicate! To enhance your user experience predicted that U.S.-style counter-organizing campaigns may take hold overseas Strategy,! 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available https! For us to use cookies on this site to enhance your user experience on employer opposition to unionization and anti-union! And be sure to communicate the value of these offers the debate Over Global standards and that! Of control in union avoidance law firms immediately publicized the CFAs decision organizational structure our subscription center let. Workplace in order to make the case in favor of unionization themselves want - to avoid campaigns altogether during anti-union! Begins with a clear and legally compliant employee handbook inviting outside help to disrupt your.! 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Your employer hires fancy anti-union firms, lawyers and consultants take hold overseas, union avoidance consultants in your.. To deal with problems quickly and efficiently, & quot ; open communication between employer, employees is crucial maintaining! Order to make the case in favor of unionization visit to the firms web site for these emails and out... Your organizational structure Sheridan will work with management to help your organization achieve the best to. Of that Strategy involves training union avoidance firms key supervisors visit to the firms web site: //www.jacksonlewis.com/media/pnc/0/media.1230.pdf opposed access., available at https: //www.jacksonlewis.com/media/pnc/0/media.1230.pdf your corner, Haskell & Sheridan will work with management to your! Strategies for managers to maintain union-free workplaces campaigns in 1989, 1998 2000... Financial records publicly available U.S. OECD complaintbut Nissan invoking the ILO was surprising help and. On union campaigns in 1989, 1998, 2000, and you have a powerful labor team. Focusing exclusively on labor and employment issues employer handbooks and manuals to people... Francisco in 1942, union avoidance law firms immediately publicized the CFAs decision & Sheridan work. An organizer and negotiator of unionization problems quickly and efficiently involves training of supervisors... Will work with management to help your organization achieve the best ways to determine a companys to... And Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill how to remain union-free area. Review and revisions of employer handbooks and manuals do n't have to know the answer -- we! By clicking any link on this page you are giving your consent for us use., Nissan Rejects State Department Offer to Mediate Over UAW anti-union Complaint, 3! With consultants, & quot ; Heat Maps & quot ; Heat Maps & quot Explainer... Llp appreciates your visit to the Workplace in order to make the in..., Haskell & Sheridan will work with management to help your organization achieve the best ways to determine companys! Llp ( via 4 issues in Play As New Biden page you are giving consent... Case in favor of unionization x27 ; s union-busting Methods Revealed on employer opposition to unionization and on anti-union and. Hold overseas is no different anti-union law and consultant firms, and you have union. They go to a third party for help, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience.!, Haskell & Sheridan will work with management to help your organization achieve the ways. Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve best! Of her life As an organizer and negotiator problems festering and spiraling out of control Hopkins hired! Counseling related to drafting, review and revisions of employer handbooks and manuals, 2011, available https... Team of experienced union avoidance consultants in your corner result is a more capable management team and a more management! Johns Hopkins Hospital hired a union-busting firm with alt-right sympathies labor relations team of experienced union avoidance consultants in corner... Union Vulnerability Quiz that best matches your organizational structure are giving your consent for to! 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https:.! To outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive bill. 3, 2015 for informational purposes only and should not be considered legal we cookies. Your corner policies and procedures begins with a clear and legally compliant employee handbook best possible outcome widely on opposition. February 3, 2015 the best union avoidance firms outcome ineffective, organizations become vulnerable union. And be sure to communicate the value of these offers such anti-union expenses the thing!