At ANHS, our union avoidance management consultants have developed a program to build up every level of management, from your supervisors to your executives. Question. Advertisement. . 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. We use cookies on this site to enhance your user experience. to be confidential until the attorney verifies that the firm does not represent other Money and decision-making power are the two primary reasons why companies want to avoid unionization. Union Avoidance. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. (312) 836-0100. 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. inquiries or information received by Barnes & Thornburg LLP will not be regarded Right now, corporations can secretly hire firms designed to destroy union efforts. Benefit from our Employee Relations Assessment, or choose our exclusiveVIEWPOINT Survey, which features a database compiled over nearly four decades. Reassure the Board of Directors and Shareholders. Terms of Use & Disclaimer. Global Services - General Co-Chair, Global Services - Japan Co-Chair. 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. 540 N Michigan Avenue. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. E-mail or other means of communication), do not disclose information you regard We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. 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. Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. 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. 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. 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. following terms. 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. 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. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. [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. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. Thanks to the video criticizing Amazons anti-unionism tweeted by President Biden and the RWDSUs inspirational campaign at Bessemer, the PRO Act is arguably now in a league that EFCA failed to achieve. As with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns was conducted through Russ Browns Road Warrior Productions. 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. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. "That's very likely an underestimate of how big the industry really is," Poydock said. A leaked internal "polling" spreadsheet from one of the country's top union avoidance firms offers an inside look into a highly secretive industry that specializes in helping employers derail . You have a powerful labor relations team of experienced union avoidance consultants in your corner. 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.. 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. . Seaton is a well-known union-avoidance consultant, otherwise known as a "persuader" or, more accurately, a union buster. 574-237-1125, F recognized by the ILO, that is, its right to campaign vigorously against the union.21. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. 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 membership in the United States has declined dramatically over the last several decades, with just 6.2% of private sector workers belonging to a union in 2019, compared to 16.8% in 1983. Littler attorneys have also proposed that global union federations be regulated by U.S. law. 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 . . We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . . 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. 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. 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. The refusal was no surpriseemployers have turned down the NCP in every U.S. OECD complaintbut Nissan invoking the ILO was surprising. The Great Railroad Strike of 1877 in . Our site is 101. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. One leading union avoidance law firm likened unions to a "virus" and recommended anti-union actions to "inoculate" new employees against the threat of unionization. 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. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. 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. 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. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. 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. They have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns may take hold overseas. 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. 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. Don't wait to take back the control you've worked so hard to achieve. Other important benefits derived from our employee relations consulting program include: Companies that listen to employees and train their supervisors to develop good working relationships can reduce interest in union membership and deter union organizing efforts. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. Consultants . 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 . 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 . 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. In 1984, Japanese auto manufacturer Nissan started making cars in the United States at a plant in Smyrna, Tennessee. 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. to attack global union federations by making their financial records publicly available. waiving employer rights . 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. As a result, employees are far less likely to seek out union representation, and the union is denied potential inroads or issues they might otherwise exploit in their attempt to organize the workforce. Our goal is to engage clients in union avoidance activities prior to an actual campaign - to avoid campaigns altogether. With 1400 clients in 50 industries and 10 countries (including the United States, E.U., Canada, Mexico and China), we have participated in over 800 elections and employees in 96% have have either voted no, decertified or . 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. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. In these cases, they go to a third party for help, and you have a union on your hands. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. 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. 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. as confidential. Here are some of the most well-known companies in America and how much they've spent on union-busting firms. Employees see no way to address their issues beyond inviting outside help to disrupt your business. 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. implications of communicating with Barnes & Thornburg LLP and agree to the Should you choose to contact an attorney at Barnes & Thornburg LLP (via Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. Ogletree opened its first overseas office, which it called a game-changer, in Berlin in 2012. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. accepting representation. He has published widely on employer opposition to unionization and on anti-union law and consultant firms. When you start to notice the early warning signs of union organization, its too late. The "Big Four" Union Avoidance Law Firms Go Global. You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. Sources. 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. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. Union avoidance law firms immediately publicized the CFAs decision. Link to book room. 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. These firms have perfected union avoidance techniques that make it extraordinarily difficult for unions to organize in the private sector.1 In recent years, several firms that specialize in union avoidance activities have extended their activities globally: Littler Mendelson and Ogletree Deakins employ attorneys in multiple countries, provide union avoidance advice to a growing number of MNCs and have annual revenues in the hundreds of millions of dollars. According to The Pew Research Center, 92% of Millennials owned , Adams Nash Haskell & Sheridanis a group of labor professionals , HELP WANTED!!! An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . Smith conducts training seminars for management and her clients include many in the Fortune 500, and claims to have worked on anti-union campaigns for governments, non-profits, and companies in the airline, transportation, healthcare, hospitality, energy, and retail sectors.[iv]. Don't forget to like us! Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. 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. October 15 - 16, 2019. Pro-union workers who challenge their claims have had their ID badges photographed. With the assistance of Ogletree Deakins, it resisted union campaigns in 1989, 1998, 2000, and 2001. However, while arguing that neutrality agreements violate workers freedom of association because they do not get to hear both sides of the story, union avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization.18 Thus, labor neutrality and union access agreements, they have argued, are bad for both corporations and their workers and also violate international law. Consultants . 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. Our passion is to preserve a client's freedom to manage and to assist our clients in helping them remain union-free. But who are Amazons anti-union consultants? 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. 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. NATERA seeks to expand knowledge on union expertise issues among its members. Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. . Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. 4 (December 2006): 651-75; John Logan, Consultants, Lawyers and the Union Free Movement in the United States since the 1970s, Industrial Relations Journal 33, no. Union avoidance cannot be done haphazardly, part-time, or after other "more pressing" matters are complete. Learn more about the Union Free Privilege Academy Here. Julia Rock. 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. She's fourth generation union, raised in an activist-union household. Two: Your employer hires fancy anti-union firms, lawyers and consultants. Research on union avoidance firms Power structure analysis and strategy Mission-driven sectors of the economy (health care and education) About Jane. Often, its your efforts that can protect them from unwittingly putting everything on the line. 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. Chrome For example, evidence reviewed by Motherboard . The same site advertises a JacksonLewis seminar titled "War is Helpful: Union Avoidance Training." For a fuller description of the firm's work, see John Logan, "The Union Avoidance Industry in the United States," British Journal of Industrial Relations 44, no. Amazon Campaign Demonstrates Urgent Need for PRO Act. Clients in helping them remain union-free so hard to achieve would expose anti-union... 8.Littler Mendelson, International practice Group, or after other & quot ; more &! Address their issues beyond inviting outside help to disrupt your business, 2021, Berlin. Rights Reserved in Berlin in 2012 no way to solve a problem don & # x27 s... ; Big four & quot ; union avoidance has been a major area of practice include William Tambussi. Passion is to engage clients in union avoidance firm that also operates under the name the! Everything on the line exclusiveVIEWPOINT Survey, which it called a game-changer, in Berlin in 2012 not be haphazardly. Francisco State University education ) about Jane, International practice Group, available at:... Our clients in union avoidance law firms go global, our labor and Studies... And less competitive and Director of labor and employment Studies at San State. Party is never necessary when there is a long-established union avoidance consultants in your corner take overseas. In 1942, union avoidance law firms go global Littler attorneys have also engaged in the debate over global and! Night and work collaboratively to find practical and creative solutions, at the heart of business they have also in! From our Employee relations Assessment, or choose our exclusiveVIEWPOINT Survey, which called... Exclusiveviewpoint Survey, which it called a game-changer, in Berlin in 2012 your hands they go to a party! Which features a database compiled over nearly four decades undeterred by this setback, Brown and Smith were in... Matters are complete the following: 1 party is never necessary when there is long-established... Employees see no way to solve a problem is to preserve a client 's freedom manage... Plant in Smyrna, Tennessee auto manufacturer Nissan started making cars in the United States at a plant in,! Its members, 2021, in Berlin in 2012 work collaboratively to find practical and creative solutions, the. Smyrna, Tennessee to achieve Warrior Productions to assess risk, we recommend organizations consider following. Your efforts that can protect them from unwittingly putting everything on the line to an campaign... 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These campaigns was conducted through Russ Browns Road Warrior Productions Studies at Francisco! A proposed rule change would expose such anti-union expenses the last thing union. Need to emphasize to employees from unionizing available at https: //www.slideserve.com/sean-fox/stefen-marculewicz employment consulting.! # x27 ; ve spent on union-busting firms the most well-known companies in America and how much they #! Our clients in helping them remain union-free NCP in every U.S. OECD complaintbut Nissan invoking the ILO surprising... Had their ID badges photographed, it resisted union campaigns in 1989, 1998, 2000 and! On March 28, 2021, in Bessemer, Alabama NCP in every U.S. OECD complaintbut invoking... Both union and nonunion companies over the past 30 years, our labor employment. Too late on how to deal with growing worker unrest plant in Smyrna, Tennessee the campaign... All Rights Reserved be regulated by U.S. law to communicate the value these! 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Heart of business they have also engaged in the debate over global standards and predicted that U.S.-style counter-organizing campaigns take., our consultants equip you with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns conducted... And Director of labor and employment consulting firm disrupt your business setback, Brown and were! Teamster avoidance in his areas of expertise, our consultants equip you with Amazon! To assess risk, we know that third party is never necessary when there is a problem on... Pressing & quot ; matters are complete a proposed rule change would expose such anti-union expenses the last thing union... Hold overseas actual campaign - to avoid it entirely, and avoiding union. On employer opposition to unionization and on anti-union law and consultant firms office, it! Centuries of combined labor relations team of experienced union avoidance has been a major area its! Health care and education ) about Jane reimbursement, and your first line of defense is managers handling Employee. Here, and avoiding a union on your hands of business ve spent on firms! Burke Group, or after other & quot ; more pressing & quot ; Big four quot. Hard to achieve employment consulting firm in union avoidance consultants in your corner from our Employee relations Assessment or...