616-742-3999, F . 14.Global Legal Group, The International Comparative Guide to Employment & Labor Law, 11-12, available at https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/theinternationalcomparativelegalguidetoemploymentandlabourlaw_pdf.pdf. Brown and Smith have reportedly conducted captive meetings under the guise of education sessions, which caution them against the alleged dangers of unionization. This report was originally published in the New Labor Forum and was written byJohn Logan,Professor and Director of Labor and Employment Studies at San Francisco State University. 101. This guy, Russ Brown, is looking to. The full picture of Amazon's spending isn't expected to come to light until well after the election has ended, but two union-avoidance consultants have already filed forms describing some of the work their firms are doing for Amazon. With 30 years of experience as union avoidance consultants, we know what it takes to avert a disaster for your business. The "Big Four" Union Avoidance Law Firms Go Global. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. 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. 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. Two: Your employer hires fancy anti-union firms, lawyers and consultants. Often, its your efforts that can protect them from unwittingly putting everything on the line. E-mail or other means of communication), do not disclose information you regard In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. 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. 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. 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. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. 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. The Center for Individual Employees: In addition to running the RWP consulting firm, Brown is president of the Center for Individual Employees (CIE), a 501c(3) non-profit legal defense foundation. CIE, which claims to be active in all 50 states, is a legal defense foundation that provides free legal services to workers against unionization Although the organization is secretive about its funders, we know that CIE received $18,000 from the anti-union, billionaire Koch Brothers in 2017. to be confidential until the attorney verifies that the firm does not represent other Under the Obama Administration, the failure of the Employee Free Choice Act demonstrated that labor cannot withstand the lobbying of the anti-union right under normal circumstances. April 21, 2021. The firm also provides comprehensive counseling related to drafting, review and revisions of employer handbooks and manuals. recognized by the ILO, that is, its right to campaign vigorously against the union.21. Part of that strategy involves training of key supervisors. 310-284-3894, F Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. Brown and Smiths anti-union activities extend beyond individual counter-organizing campaigns, and they have targeted the sector for several years. 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. By clicking any link on this page you are giving your consent for us to use cookies. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . In the end, youre not the only victim of a labor relations conflict. Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. Training and Strategy Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. February 26, 2023. 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. Under the National Labor Relations Act of 1935, it is illegal for employers to intimidate, retaliate against, or ask workers whether they support a union drive. 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. Do you want to receive more valuable insights directly in your inbox? He has published widely on employer opposition to unionization and on anti-union law and consultant firms. . We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. We call it The Union-Free Privilege. A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. 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. In 2015, American Apparel hired the union-avoidance firm Cruz & Associates and paid at total of $462,343; During 2015-2016, New York, New York Hotel & Casino paid union-avoidance consultants at Balance Incorporated . Framework agreements, the firm cautioned, are especially problematic for public-facing retail brands.14, Union avoidance attorneys have advised employers to deploy global standards offensively against labor organizations. getty. is not only welcome, but also . Contact us for a free consultation! 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. As an added benefit, these labor relations training efforts help to reassure the Board of Directors and Shareholders that management has been proactive in identifying and addressing areas of concern, as unionization can negatively impact stock price and company valuation. Hotel Information. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. This case features well-known union-avoidance firm Jackson Lewis. Since the 1990s, not much in management's union-avoidance playbook has changed. Google's Union-Busting Methods Revealed - THE TOP 25 MOST CENSORED STORIES OF 2020-2021. © 1998-Present LAWCHA. One major difference between union avoidance law firms such as Morgan Lewis and consultant firms such as Road Warrior Productions and Labor Information Services is that consultants conduct so-called direct persuader activity i.e., they have face-to-face contact with employees while the law firms generally avoid this. Why Cant College Coaches Embrace the Reality of Players Being Paid Through NIL? These firms include IRI Consultants, recently hired by Google, and the anodyne-sounding Labor Relations Institute, which the report says is one of the nation's largest union-avoidance firms. October 15 - 16, 2019. Kumho Tires: Numerous and Egregious Anti-Union Practices: Brown and Smith also conducted an anti-union campaign at Kumho Tires in Macon, Georgia, between 2017-2019. Oregon enacted such a law since 2010, and in November 2020 the Trump NLRB sued for a second time to overturn the law, which has thus far not been actively enforced. advice. . Before sending mail to your intended recipient, you must first understand the Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . 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. In addition, for those companies with more than one location, a union victory at one job site can encourage the union to attempt organizing at other company locations. 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. 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. One of the biggest spenders in recent years is Amazon. . Take our Union Vulnerability Assessment Quiz and find out if your company is susceptible to union organizing. : 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. The PRO Act has already encountered stiff opposition, but if Amazons conduct at Bessemer comes under intense public scrutiny, this time could be different. to attack global union federations by making their financial records publicly available. . Cemex managed to narrowly defeat the union in a March 2019 election, but not without traipsing all over the law and illegally firing a female driver who had been organizing her co-workers, according to trial testimony. 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. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. The three prongs to union avoidance are corporate culture, positive employee relations, and employee training. The most important point is to practice good employee relations, Davis said. 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. 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. 2021 Hutchison Group Inc.. All Rights Reserved. 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. Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. Labor Relations Training for Supervisors (best way to reduce your risks). Select a quiz below to take the Union Vulnerability Quiz that best matches your organizational structure. With ANHS, we make sure you stay union-free. After orchestrating hundreds of anti-union campaigns for some of the nations largest companies, LRA was effectively forced out of business due to the negative publicity from the high-profile McClellan Committee hearings, after it detailed LRAs complicity in corruption. 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. 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. 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. Finding new ways to help clients identify solutions and new business opportunities, across industries, is at our core. During the winter, The Hershey's Company hired six union-avoidance firms to block organizing efforts at its chocolate factory in Stuarts Draft, Virginia. In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. . 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. 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. 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 . Union avoidance is a multi-million dollar business. Early intervention and maintaining a positive relationship with your employees from the beginning is key. American Factorys Anti-Union Firm: If they know anything about LRI, labor observers probably heard about the union avoidance firm through its involvement in the intense anti-union campaign at Chinese-owned Fuyao Glass America factory in Moraine, Ohio, when the firm was reportedly paid $1 million to oppose the UAW. . Dont think there wont be repercussions. necessary.17. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. Direct persuader activity triggers the reporting requirements (Section 203a) of the Labor-Management Reporting and Disclosure Act (LMRDA), which means that corporations and their consultants are required to report their financial arrangements to the Office of Labor-Management Standards at the Department of Labor, although the requirement has been poorly enforced for several decades. And . He also lobbied to make union decertification easier under the Railway Labor, promoted union deauthorizations, advocated for easier union decertification on the Grover Norquist Show, and testified before the Labor Department on regulations that threaten the stability of American Businesses. Brown and Smith, along with Russ have also testified in favor of easier decertification under the airline industry. 2. Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. Although we excel in union avoidance and elections, a hallmark of Littler's practice remains the ability to prevent workplace issues from ending up in court or administrative tribunals, sparing our clients time-consuming and costly headaches. 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. 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 . . 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. When you start to notice the early warning signs of union organization, it's too late. persons or entities involved in the matter and that the firm is willing to consider Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. The Starbucks Workers United union campaign has now won over 164 National Labor Relations Board (NLRB) elections, and over 300 stores have petitioned for NLRB elections. Terms of Use & Disclaimer. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. (312) 836-0100. Under international law, information from employers . The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. When addressed early, organizing is avoidable. 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 . According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! . At ANHS, we know unions. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. Thus, just as Nathan Sheffermans LRA spawned anti-union consultants and firms that dominated the business in the 1960s and 1970s, so too has LRI acted as a breeding ground for new union avoidance experts over the past two decades. Anti-union experts have been busy in the nonunion grocery and warehouse sectors. Reduced Jackson Lewis rate: $379 per night. Last month, we discovered that, starting in January, Amazon had hired two prominent anti-union consultants, Russell Brown and Melissa Smith of Florida-based Road Warrior Productions (RWP), to assist with its campaign against the RWDSU. Follow us on Facebook page to receive the latest updates. Univar USA. . 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. 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. Cemex quickly hired a "union avoidance" firm that it would pay more than $1 million to try to dissuade workers from organizing. Thomas McKibbin, a . The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. Link to book room. When Britain introduced its new union recognition law in 1999, one U.S. firm wrote: "Sixty-five years' U.S. experience with union organizational experience provides valuable parallels from which U.K. employers can learn how to stay union free. After all, you cant lose a union election that doesnt happen. 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.). If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. Opera. Along with Russ have also testified in favor of easier decertification under the airline industry feel on... Why Cant College Coaches Embrace the Reality of Players Being Paid Through?! You Cant lose a union election that doesnt happen littler Global is really trying to be one firm.3 not! That best matches your organizational structure % Increase in your labor Costs with ANHS, we know it! Relations consultants specializing in union avoidance law firms Go Global is, your! 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