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. 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. 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. Over the past decade, the four largest management-side law firms specializing in union avoidance have internationalized their operations. . . . It is estimated that companies spend between $500 million and $2 billion per year on union-busting activities. And that's made employers extremely vulnerable to unionization. Google's Union-Busting Methods Revealed. January 18, 2023. Learn more about the Union Free Privilege Academy Here. 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. When you start to notice the early warning signs of union organization, its too late. If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. 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. 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. . 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. It is also helpful for the entire company to nourish a sense of community and make everyone feel theyre on the same team. Ogletree Deakins is the nations second largest management-side law firm specializing in union avoidance. A major component of our union avoidance strategy is to train supervisors and alert them to the skills necessary to avoid unions, skills they can use each day in their interaction with employees. Consider offering benefits like vacation time, compensation packages, and tuition reimbursement, and be sure to communicate the value of these offers. Undeterred by this setback, Brown and Smith were involved in a bitter decertification campaign involving pilots at Flexjet LLC in 2018. Hutchison Group is a nationally recognized HR and labor relations consulting firm. For example, evidence reviewed by Motherboard . We also know how to help you avoid unions all together: by maintaining a positive relationship with your employees. 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. 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. July 9, 2018 Will escalating , June 27, 2018 This morning the U.S. Supreme Court , The formation of unions is problematic to the overall structure , December 5, 2017 As anticipated, President Trumps new General , For the first time in 8 years, reason may return , Submerged beneath several feet of media chaff about General , The Bureau of Labor and Statistics released its 2016 Union . In addition, Amazon is using one of the nations most expensive law firms that specializes in union avoidance, Morgan Lewis. We have the experience, depth and understanding to deal with any situation at a moment's notice. advice. 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. From policy making to the shop floor, we know that third party interference makes business less productive and less competitive. The success of almost every company is largely determined by the performance and productivity of their employees. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. A union organizing campaign can be an incredibly divisive and destructive experience for your organization or business. This is why the Protecting the Right to Organize (PRO) Act, which passed the House of Representatives earlier this month, is desperately needed to safeguard workers choice. Factor in geography. (312) 836-0100. Labor rights is an issue whose time has come. 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. Flexjet is just their first target.. The Burke Group [TBG], established in 1982, is the international leader in guiding management during union organizing (recognition) and union card signing campaigns. 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. 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. 12.Jackson Lewis, Global Preventive Strategies for the Cross-Border Workplace.. With twenty six of its eighty-one offices located overseas, Littler has been the union avoidance firm most aggressive in expanding internationally. 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 . kill organized labor in aviation. Opera. The relationship between union membership and job satisfaction is still disputed vigorously among scholars. Labor relations consultants specializing in union avoidance activities have been operated in the United States since at least the 1940s. She spent the first half of her organizing life . During the winter, The Hershey's Company hired six union-avoidance firms to block organizing efforts at its chocolate factory in Stuarts Draft, Virginia. . Even before it engaged the services of these two anti-union consultant firms, Amazon had hired Morgan Lewis, one of the nations largest law firms specializing in union avoidance activities. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. 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 . Often the easiest way to solve a problem is to avoid it entirely . 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. 4 Issues In Play As New Biden . We understand what keeps you up at night and work collaboratively to find practical and creative solutions, at the heart of business. 1. Under international law, information from employers . Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. 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. The LM-20 form filled by Russ Brown states that three consultants will be paid a daily fee of $3,200 plus expenses for the duration of the campaign, which started in January. While critical of the shred it! campaign, the CFA defended employers right of free expressionthe first time, according to Littler attorneys, that it had made such a statement.19. persons or entities involved in the matter and that the firm is willing to consider inquiries or information received by Barnes & Thornburg LLP will not be regarded Since Littler was founded in San Francisco in 1942, union avoidance has been a major area of its expertise. Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. Crushing Unions With Consultants, "Explainer Videos" and "Heat Maps". Ogletree opened its first overseas office, which it called a game-changer, in Berlin in 2012. 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. . Right now, corporations can secretly hire firms designed to destroy union efforts. 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. This month, we found out that Amazon is using a second anti-union consultant firm which is an unusual step, even for an anti-union firm like Amazon: California-based Labor Information Services. Unionization risks vary considerably by metropolitan area, region and state. The company claims it can't afford to raise workers' pay but spends millions on anti-union consultants. Information is found on slide 7. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. 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. implications of communicating with Barnes & Thornburg LLP and agree to the The key to sound employer policies and procedures begins with a clear and legally compliant employee handbook. 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. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. February 26, 2023 by Sara Blackwell. 651-675. You can also participate in Management Education & Development, or draw together your whole organization with ourPowersharing programs. Several states have tried to outlaw them in recent years, and Russ Brown actively opposed Connecticuts 2019 anti-captive audience bill. 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. 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. And he is why we will all be looked upon as pariahs if the Union is decertified. October 15 - 16, 2019. accepting representation. Among other campaigns, while working under LRI, Brock helped defeat a union campaign at the Trump International Hotel in Las Vegas in 2014 and is currently running a major anti-union campaign at the largest hospital in Maine. 12. In 2018, Littler employed over 1000 attorneys in the United . 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. Firefox Convince your employees to stay union-free. In the end, youre not the only victim of a labor relations conflict. The PRO Act, which passed the House of Representatives for the second time in March,would limit several employer anti-union actions, including captive audience meetings and election delaying tactics, increase penalties for discrimination against union supporters and require prompt reporting by employers who engage consultants and law firms for the purpose of getting employees to reject unionization. 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. 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. February 26, 2023. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. E-mail or other means of communication), do not disclose information you regard . 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. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. In 2018, Littler employed over 1000 attorneys in the United . Money and decision-making power are the two primary reasons why companies want to avoid unionization. Make the environment an overall great place to work, and employees will share in that excitement. Hotel Information. 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. 10.Ogletree Deakins, Traditional Labor Relations, available at https://ogletree.com/solutions/practice-areas/traditional-labor-relations/. 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. 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. 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. Union Avoidance. Littler attorneys have suggested using the OECD complaints process . Union avoidance; The partners responsible for this area of practice include William M. Tambussi and Susan . 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