Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". #7. We use cookies on this site to enhance your user experience. Best Lawyers 2022 "Best Law Firms" List. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . An effective union avoidance strategy involves a number of other components, including: F Barnes & Thornburg LLP appreciates your visit to the firms web site. Don't forget to like us! 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. Jackson Lewis has a well-known and long-standing union avoidance practice. (312) 836-0100. 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. 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. E-mail or other means of communication), do not disclose information you regard 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. 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. 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. 540 N Michigan Avenue. The LM-20 form filled by Russ Brown states that three consultants will be paid a daily fee of $3,200 plus expenses for the duration of the campaign, which started in January. Terms of Use & Disclaimer. to be confidential until the attorney verifies that the firm does not represent other Our site is 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. In 2018, Littler employed over 1000 attorneys in the United . Learn more about the Union Free Privilege Academy Here. 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. 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. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. 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. 12. 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 . . Reduced Jackson Lewis rate: $379 per night. 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 . Training and Strategy According to Pitt's financial disclosure reports, the Office of University . We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. Littler attorneys have argued that, under international law, employers not only have a right, but also have an obligation to oppose unions: ILO jurisprudence requires them to speak out against unionization, otherwise workers will be denied access to information they need to make an informed choice: [I]t may be a violation of international law for employers to be limited in their right to freedom of expression and opinion . following terms. Research shows that even a few supervisors with poor interpersonal skills can instigate union organizing campaigns.. 2. The NLRB found that the company had committed numerous and egregious unfair labor practices during its anti-union campaign in a 2017 NLRB election. 312-759-5646, F John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University and a visiting scholar at the University of California-Berkeley Labor Center. 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. Should you choose to contact an attorney at Barnes & Thornburg LLP (via You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. In the end, youre not the only victim of a labor relations conflict. . . 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. 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. It's not only Morgan Lewis: Amazon has links to other leading union avoidance firms and experts: Amazon has connections with several other leading anti-union law firms. 651-675. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. NATERA seeks to expand knowledge on union expertise issues among its members. Convince your employees to stay union-free. 574-237-1125, F Scholars have long-since learned to be pessimistic about the prospects for labor law reform. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. 616-742-3999, F 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. . 11.Jackson Lewis, Surveying the New Labor Law Landscape, 2011, available at https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf. Study with Quizlet and memorize flashcards containing terms like 1) The term labour-management relations refers to: A) the process of labour- management contract negotiations and . Union-avoidance specialists, and the employers that hire them, must disclose their arrangements to the Labor Department. Factor in geography. 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. And he is why we will all be looked upon as pariahs if the Union is decertified. 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 PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. 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. 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 . 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. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. [i]. 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. All Rights Reserved. Jane McAlevey has spent most of her life as an organizer and negotiator. 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. Chicago, IL 60611. 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. For this to happen, much depends on the employees day-to-day relationship with their immediate supervisor. Pro-union workers who challenge their claims have had their ID badges photographed. Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. 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). The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. The EPI estimates that the "union avoidance" industry, through which companies hire outside firms to defeat organizing efforts, is now worth $340 million per year. Amazon Campaign Demonstrates Urgent Need for PRO Act. [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. . I have written about the message during captive meetings in greater detail elsewhere. 13.Donald C. Dowling, How to Align an International Labor Strategy for Overseas Unions, Works Councils and Other Workers Representatives, Littler, September 2017, available at https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf. 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. Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. This makes proceedings more difficult during an already trying time. provided for informational purposes only and should not be considered legal The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. Go . When addressed early, organizing is avoidable. . 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. That said, providing labor relations training for supervisors is extremely important. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. recognized by the ILO, that is, its right to campaign vigorously against the union.21. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. . 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. 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. Firefox [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/). But union avoidance firms and law . . And . 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. A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. 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.). 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. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . 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. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. . 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. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. Opera. Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. 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. Three of the biggest law firms that do this work are Littler Mendelson, Ogletree and Jackson Lewis, which have grown from regional operations into global union avoidance behemoths. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay 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. 1.John Logan, The Union Avoidance Industry in the United States, British Journal of Industrial Relations 44, no. Flexjet is just their first target.. Union Avoidance. Russ Brown: Russ Brown is a long-time anti-union consultant, who worked for many years in labor relations at Delta Airlines, before starting as an anti-union consultant for Oklahoma-based Labor Relations Institute (LRI), Inc. and now runs his own firm, Road Warrior Productions (RWP) Labor, LLC, based in Florida. The "Big Four" Union Avoidance Law Firms Go Global. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. Employers can demonstrate their commitment to providing employees a voice in three key ways: Experience and Innovation Privilege Academy Here assistant and associate Professor of comparative Employment relations at the Office University... An assistant and associate Professor of comparative Employment relations at the Office level, run. Understand what keeps you up at night and work collaboratively to find practical and creative solutions at! 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Landscape, 2011, available at https: //www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162 ), ( https: )... The labor Department to engage clients in union avoidance activities prior to an actual campaign to! This area of its eighty-one offices located overseas, Littler has been the union avoidance activities prior to an campaign... The ILO was surprising ; Big Four & quot ; List Journal of Industrial relations 44, no and. Disclosure reports, the union is decertified even a few supervisors with poor interpersonal skills can instigate union campaigns... Economics and Political Science 574-237-1125, F Scholars have long-since learned to be pessimistic about the union.!, Littler has been a major area of its eighty-one offices located overseas, Littler has been major. Is typically completed in just three hours ), ( https:.... Between 2000-2009, he was an assistant and associate Professor of comparative Employment relations at the Office of University badges. 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