In 2018, Google dropped its long-time slogan, "Don't be evil," from its code of conduct. 614-628-1433. . 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. 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. 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. Do you want to receive more valuable insights directly in your inbox? This includes our Leadership Effectiveness Analysis, which helps your managers identify and leverage their strengths. Faced with a wave of worker activism in its warehouses last year, Amazon paid anti-union consultants roughly $4.3 million in an effort to beat back union organizing campaigns, according to new filings with the U.S. Department of Labor. 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. Public Integrity reviewed public records to see how much U.S. corporations paid union-avoidance firms in recent years. . Visit our subscription center and let us know what you're interested in learning more about. 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. Empower those in authority to deal with problems quickly and efficiently. 5.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace, 2011, available at https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf. 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. Link to book room. 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Brown and Smith campaigns worked on a failed attempt to decertify flight attendants at Allegiant Air in 2016, which was then the largest decertification attempt in the history of the Railway Labor Act. 16.Testimony of Stefan Marculewicz before the United States House of Representatives Subcommittee on Health, Employment, Labor, and Pensions, April 26, 2018, available at https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf. You have a powerful labor relations team of experienced union avoidance consultants in your corner. 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. A second lawyer, a partner at one of the nation's leading anti-union law firms, also insisting on anonymity, said that workers' smart use of social media has undercut union avoidance efforts. Unions have filed OECD complaints during several global organizing campaigns, including those at Nissan, T-Mobile, DHL, and Ikea. 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. 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/. . Amazons Huge Expenditure on the Bessemer Anti-Union Campaign: Amazon is paying a small fortune for its anti-union consultants. Factor in geography. Opera. The New York Times profiles union-avoidance firm Jackson Lewis and exposes the lengths an employer will go to, at the advice of a unionbuster firm, to attack workers who attempt to form unions. . 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. [i]. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. Once again, communication is critical here, and your first line of defense is managers handling of employee concerns. Documents show Johns Hopkins Hospital hired a union-busting firm that frequently hires consultants from another union-busting firm with alt-right sympathies. 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. They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. February 26, 2023 by Sara Blackwell. . A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. inquiries or information received by Barnes & Thornburg LLP will not be regarded Labor Relations Training for Supervisors (best way to reduce your risks). 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 2019, Kumho workers voted for the steelworkers, after the NLRB ordered a rerun election, and after numerous company efforts to delay, the labor board finally certified their victory in 2021. . We are, at times, more than lawyers, we are advisers bringing new ideas to light. The Great Railroad Strike of 1877 in . When managers are ineffective, organizations become vulnerable to union organizing. As with the Amazon campaign, Rebecca Smiths anti-union work on these campaigns was conducted through Russ Browns Road Warrior Productions. 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. 651-675. That said, providing labor relations training for supervisors is extremely important. Even with taking these steps, employees might still erroneously think a union is a viable solution to their issues. 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. Dont ignore the early warning signs of union organizing: huddles that disperse when a manager approaches, increased use of union terminology, new worker alliances, increased complaining, and more. 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 . 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. 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 . 312-759-5646, F A union flyer was posted on one of your facility's employee bulletin board last night. 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. Employers can demonstrate their commitment to providing employees a voice in three key ways: Experience and Innovation 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. This guy, Russ Brown, is looking to. Your employees are, too. Consultants . These strategies can include active intimidation and surveillance of union supporters, exploiting divisions within the workforce to stir up opposition to the union or spreading misinformation about the . One of the best ways to determine a companys vulnerability to union organizing is to conduct onsite employee relations assessments. 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 . The autonomy to run your business as you desire is paramount to the success of your business. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. In common with LRIs Phil Wilson and several other prominent consultants, Russ Brown has repeatedly opposed policy initiatives designed to limit prolonged anti-union campaigning. 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 . 8.Littler Mendelson, International Practice Group, available at https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf. According to its annual reviews, cross-border trade union actions including corporate union campaigns are one of the alliances main areas of expertise.5 Formed in 2013, Fisher Phillips International Employment Practice Group has established strong relationships with local counsel on six continents. The International Practice Group helps its multinational clients address international labor issues involving unions around the world.6, Union avoidance firms have sought to counteract the unions use of international standards to advance organizing, warning that corporations must own the debate on global labor standards or the unions will define it for you.7 Littler attorneys have helped MNCs formulate and implement strategies to respond to efforts by labor unions . At ANHS, we know unions. Russ Brown also runs the North American Transportation Employee Relations Association (NATERA), an organization dedicated to weakening union influence in the transportation sector, on which Rebecca Smith serves as a board member. Despite switching sides on union campaigns, Smith claims she wants to support and give a voice to working people. 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 . Like Littler, it has expanded by opening its own overseas offices, rather than engaging in alliances with other management law firms. 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." 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. Here is a sample of what we found: Amazon. . Unionization risks vary considerably by metropolitan area, region and state. 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. Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. Supported for the latest versions of: 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. According to Motherboard, leaked polling spreadsheets from one of the most prominent union avoidance firm, IRI Consultants, show how anti-union consultants profile and essentially characterize . Workers at Amazons distribution center in Bessemer, Alabama are voting in a historic union election whether to join the Retail, Wholesale and Department Store Union (RWDSU). 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. Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. You might hear your bosses call this "union avoidance," but it basically just means "Union busting, in a suit." Three: Delay, delay, delay When you start to notice the early warning signs of union organization, its too late. 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. November 4, 2021. . 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. . The key to any union avoidance plan lies with front-line supervisors and their ability to deal with issues immediately and constructively. But who are Amazons anti-union consultants? 101. 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. When determining the appropriate mix of tools to assess risk, we recommend organizations consider the following: 1. #7. 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. After all, you cant lose a union election that doesnt happen. One of the biggest spenders in recent years is Amazon. 1. . The federal PRO Act, which passed the House this month, would prohibit captive audience meetings. . The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. 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. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. I have written about the message during captive meetings in greater detail elsewhere. Advertisement. In 2018, Littler employed over 1000 attorneys in the United . 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. Our team has also helped companies avoid hundreds of campaigns across the country, including UAW, Steelworkers, Teamsters, CWA, IBEW, UFCW, UNITE-HERE, IAM, AFTRA, SEIU, The Laborers, GMPP, Sheet Metal Workers, 1199, just to name a few. The countrys 11 largest national passenger airlines all have unionized pilots, as do shipping carriers such as UPS and FedEx. 3.Meredith Hobbs, Strong Demand Fuels Growth for Big Four Labor and Employment Firms, LAW.COM Daily Report, April 11, 2019, available at https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945. 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. 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 . 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. Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. 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. When you start to notice the early warning signs of union organization, it's too late. E-mail or other means of communication), do not disclose information you regard Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. 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