You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. The right mix. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. These firms often provide so-called union vulnerability assessments, which are usually based . 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. 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 . The most important point is to practice good employee relations, Davis said. 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. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. 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. 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/. [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/). We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. is not only welcome, but also . In 2018, Google dropped its long-time slogan, "Don't be evil" from its code of conduct. advice. For those organizations with a non-union workforce, Hutchison Group can help to discreetly determine your vulnerability to potential union organizing and reduce your risk of having to endure a union campaign. Teamster Avoidance: Since leaving the Teamsters to join the ranks of its adversaries in 2007, Rebecca Smith has been involved in several anti-union campaigns against her former employer, as well as against multiple other unions in transportation, manufacturing, building trades and others. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. 260-424-8316, F Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . Brown, Smith and James Edwards, general counsel of both CIE and RWP, were deeply involved in the anti-union campaign (After the Flexjet decertification election, the chairman of Cleveland-based carrier, Ken Ricci, stated: This is a historic moment not only for our company but also for the industry as a whole, since no other pilot group has elected to remove representation by organized labor. Brown also celebrated the historic election as the first time in the 80-year history of the Railway Labor Act that pilots have chosen a direct relationship with their employer rather than have a labor union interfering as a third party., Union activists agreed that Brown and Smith had played a critical role in the decertification campaign. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. For over 35 years we have helped our clients with employee relations, union negotiations, union avoidance, labor relations training, HR due diligence for M&A, and much more. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. 1. But union avoidance firms and law . Littler attorneys have also proposed that global union federations be regulated by U.S. law. We know why employees turn to unions, how unions organize employees, and how to minimize the threat of union interference. Flexjet is just their first target.. Smith has also run several union avoidance firms of her own, including Taltos Consulting and, currently, Rock Creek Consulting, conducting dozens of high-profile anti-union campaigns, including at General Electric. February 26, 2023. 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. LIS is a long-established union avoidance firm that also operates under the name, The Burke Group, or TBG. 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. 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. 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. Do you want to receive more valuable insights directly in your inbox? [i]. Before sending mail to your intended recipient, you must first understand the 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. . Chrome Look out for these emails and check out our website for more information on how to remain union-free! 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. 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. Unions have filed OECD complaints during several global organizing campaigns, including those at Nissan, T-Mobile, DHL, and Ikea. 2021 Hutchison Group Inc.. All Rights Reserved. Google's Union-Busting Methods Revealed. 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. The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. 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. 20.Stefan Marculewicz and Brent Wilton, Employer Freedom of Opinion and Expression Within the Context of Union OrganizingA Fresh Perspective from the ILO, Littler, November 10, 2010, available at littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. February 26, 2023 by Sara Blackwell. Often the easiest way to solve a problem is to avoid it entirely . He has published widely on employer opposition to unionization and on anti-union law and consultant firms. Employees see no way to address their issues beyond inviting outside help to disrupt your business. 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. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. . In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay However, it is estimated that hundreds of law firms and companies engage in union-busting activities. . Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. 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. Jane McAlevey has spent most of her life as an organizer and negotiator. The Dangers Of Union Avoidance. For example, evidence reviewed by Motherboard . The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. April 21, 2021. An effective union avoidance strategy involves a number of other components, including: F 101. 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. Pro-union workers who challenge their claims have had their ID badges photographed. 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. Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. 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. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. . Learn more about the Union Free Privilege Academy Here. Use a tool that provides enough detail to identify actual and potential issues. 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. In 2018, Littler employed over 1000 attorneys in the United States and over 1500 worldwide. . 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 . Union avoidance law firms immediately publicized the CFAs decision. 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. By agreeing to remain silent, an employer effectively may deny workers information, opinions and ideas they have a right to receive . An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent years. 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. 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. 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. Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. A) union avoidance strategy B) union acceptance strategy C) union substitution approach D) proactive human resources approach E) union suppression approach and more. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. . 4.Ogletree Deakins, Cross-Border Practice, available at https://ogletree.com/solutions/practice-areas/cross-border/. Employees in favor of unionizing there cited overtime pay cuts, fewer breaks and wage gaps as the main reasons for organizing with the Bakery, Confectionary, Tobacco and Grain Millers . Amazons relentless anti-union campaign will likely play a central role in union messaging on the PRO Act now that they have gotten the countrys attention. In 2018, Littler employed over 1000 attorneys in the United . 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 . . Lawyers and consultants devise strategies for managers to maintain union-free workplaces. At night and work collaboratively to find practical and creative solutions, at the of. Make the case in favor of unionization Phillips, International Employment practice Group, available at https: //www.amazon.com/Union-Hypocrisy-Organized-Standard-Business/dp/1478275162 https... Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance in. For more information on how to minimize the threat of union interference assessments, which passed the House this,. That provides enough detail to identify actual and potential issues Smith claims she to. 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union avoidance firms