Rebecca Smith: A second consultant working with Russ Brown at Amazon, Rebecca Smith, claims to have worked for unions 20 years, 16 years with the Teamsters, including as Executive Director of Training for Southern Nevada. John Logan, "Consultants, Lawyers, and the 'Union Free' Movement in . Our labor relations training for supervisors is conducted on site and is typically completed in just three hours. According to a filing with the Department of Labor, Amazon engaged the services of LIS starting January 3, 2021, for the purpose of "conducting meetings with employees in the voting bargaining unit to discuss the realities of signing authorization cards and voting in the upcoming . 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. According to Brown, RWP is the nations premier full-service labor relations and management consulting team that specializes in keeping companies union free. RWP claims to be a collaboration of the best of the best labor consultants. 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. . is not only welcome, but also . 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. 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. 101. 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.. Edge 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. The autonomy to run your business as you desire is paramount to the success of your business. The Great Railroad Strike of 1877 in . 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. Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm . This case features well-known union-avoidance firm Jackson Lewis. 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. 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. 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. Dont think there wont be repercussions. A proposed rule change would expose such anti-union expenses the last thing the union busters themselves want. Question. We call it The Union-Free Privilege. 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. 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. 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. Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. We do not yet know how much Amazon is paying the three consultants from Labor Information Services, but it is likely a similar amount. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. 15.Littler Mendelson, The U.S. NCP and Developments on Extraterritoriality, available at https://www.slideserve.com/sean-fox/stefen-marculewicz. Jackson Lewis has a well-known and long-standing union avoidance practice. 574-237-1125, F 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). For a complete list of our services please visit our services page. If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. 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 . In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. 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. 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. In June 2020, after widespread criticism of its lackluster response to the Covid-19 pandemic, Amazon hired two corporate health and safety experts from one of the country . Often, its your efforts that can protect them from unwittingly putting everything on the line. Part of that strategy involves training of key supervisors. You have a powerful labor relations team of experienced union avoidance consultants in your corner. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. These activities can include holding mandatory meetings where managers discuss the negative aspects of unions, distributing . recognized by the ILO, that is, its right to campaign vigorously against the union.21. These numbers represent just the tip of the iceberg during the Trump administration, officials at the Department of Labor stopped requiring companies to disclose how much they spend on union avoidance consultants. She spent the first half of her organizing life . The notoriously secretive, $340 million-a-year industry of union-avoidance firms is currently advertising based on the idea that the pandemic has put organizing on "steroids." 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. Two: Your employer hires fancy anti-union firms, lawyers and consultants. 357, June 2010. Share your views of unionization and communicate the repercussions of a union at the start of employment, so that there is no misunderstanding down the line. We have the experience, depth and understanding to deal with any situation at a moment's notice. 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. To underscore this finding, a recent survey by the Pew Research Center reported that the popularity of labor unions has grown in recent years, citing that their favorability hit 60% in January 2017, with only 35% percent of Americans viewing them unfavorably. provided for informational purposes only and should not be considered legal 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 . 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. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. 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 . accepting representation. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . . Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. After leaving the Teamsters reportedly fired for gross incompetence Smith started working as a anti-union consultant. October 15 - 16, 2019. 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. 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. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. 1. Terms of Use & Disclaimer. 6.Fisher Phillips, International Employment Practice Group, available at https://www.fisherphillips.com/services-international-employment. The Dangers Of Union Avoidance. 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. 12. © 1998-Present LAWCHA. An Amazon-sponsored billboard urging employees to return their unionization ballots is seen on March 28, 2021, in Bessemer, Alabama. [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/). . You need to emphasize to employees from the beginning that a third party is never necessary when there is a problem. There seems little doubt that when the campaign at Bessemer is finally over, Amazon will have paid millions of dollars to its law firm and its union avoidance consultants. When addressed early, organizing is avoidable. Unions stifle that autonomy. 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. . Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. . 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/. . . Don't wait to take back the control you've worked so hard to achieve. 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. This is a mail-in NLRB ballot that will end on March 29. 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. In the 1960s and 1970s, the industry was spurred on by multiple former LRA personnel, including attorneys Louis Jackson and Robert Lewis of New York-based Jackson Lewis, one of the biggest anti-union law firms of the past four decades, along with Chicago-based consultant John Sheridan and Herbert Melnick, founder and chairman of the notorious Modern Management Methods (3M) firm. Link to book room. After first unionizing in 2016, Flexjet pilots voted to decertify the Teamsters, the first time that commercial pilots had ever decertified a union under the RLA, in May 2018. Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. 404-264-4033, F Other anti-union consultants claim years of experience working for organized labor, including for the Teamsters, steelworkers, laborers and AFL-CIO. The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. In 2021, the company paid more than $4.2 million to four anti-union labor firms, according to disclosures filed with the . With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. 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. Our team at Adams, Nash, Haskell & Sheridan will work with management to help your organization achieve the best possible outcome. . Littler attorneys have proposed filing an OECD complaint against global union federations and establishing and funding a group to process and publicize the case. This interesting idea would put labor on the defensive and provide corporations targeted by unions with a tool to respond to criticism.15. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. After all, you cant lose a union election that doesnt happen. 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Iv ] https: //www.fisherphillips.com/services-international-employment the beginning that a third party is never necessary when is!