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. Prevent Costly and Disruptive Union Organizing Campaigns. The "Big Four" Union Avoidance Law Firms Go Global. According to forms filed with the Labor Department in connection with several anti-union campaigns over the past decade, Brown and Smith have worked under Philip Wilson, CEO of LRI. 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 . The relationship between union membership and job satisfaction is still disputed vigorously among scholars. 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. 2013-2023 Adams, Nash & Haskell, Inc. All Rights Reserved. Lawyers and consultants devise strategies for managers to maintain union-free workplaces. Advertisement. [U]nion avoidance firms have consistently opposed union access to the workplace in order to make the case in favor of unionization. 317-231-7433, F 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 . 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. These firms often provide so-called union vulnerability assessments, which are usually based . Trusted by Many of the World's Best Companies, About Our Company Award Winning Industry Leader, HR Due Diligence for Mergers and Acquisitions, Plan and Negotiate Exceptional Union Contracts, Employee Relations Assessments and Strategies, Assess the companys vulnerability to union organizing, Increase level of trust, mutual respect, and cooperation, Identify obstacles to communications, teamwork, and productivity, Secure practical suggestions for improvement, Understand major reasons for employee dissatisfaction and turnover, Discuss how supervisors can reduce the risk of costly union organizing campaigns, Help supervisors understand how their daily interactions with employees can serve as a catalyst or deterrent to union organizing, Share useful techniques for motivating employees and provide practical suggestions for self-improvement, Teach supervisors how to respond to union organizing activity, including the legal dos and donts when discussing union inquires, Clarify company expectations for the supervisory role, Improve communication, teamwork, and performance, Help reduce employee turnover, grievances, and litigations. Scholars have long-since learned to be pessimistic about the prospects for labor law reform. We will get you through this - our professionals have worked with employers from coast-to-coast, across most industries and with most of the major unions. She's fourth generation union, raised in an activist-union household. Unions stifle that autonomy. Beginning in the 1950s, an industry of consultants and law firms started advising companies on how to avoid unionization campaigns. The union avoidance industry continued to grow, and LRA served as a breeding ground for several future superstars of the union-free movement. 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. When you start to notice the early warning signs of union organization, its too late. 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. Gamekeepers Turned Poachers: Several prominent consultants have claimed to have worked working for unions, including some of Smiths close associates. 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. Don't forget to like us! 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. For nearly 30 years, Adams Nash Haskell & Sheridan has provided winning services, campaigns, and insights for clients across the country. 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 . Brown is a former Vice President at LRI while Smith is a former lead consultant at LRI. Union avoidance law firms immediately publicized the CFAs decision. Like Smith and Brown, Brock has a long-time association with Oklahoma-based LRI, and he includes Teamster Avoidance in his areas of expertise. Chicago Marriott Downtown Magnificent Mile. Littler Mendelson is the worlds largest management-side law firm focusing exclusively on labor and employment issues. 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. And . 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/. . 614-628-1433. union suppression approach union substitution approach reactive human resources approach union avoidance strategy union acceptance . Between 2000-2009, he was an assistant and associate professor of comparative employment relations at the London School of Economics and Political Science. as confidential. They face highly motivated, well-resourced "union avoidance firms" that deploy any means possible to prevent workers from organizing. If you let employees voices go unheard at the office level, you run the risk of problems festering and spiraling out of control. 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. 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. 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. 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. Jackson Lewis has a well-known and long-standing union avoidance practice. 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 . #7. 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. If employees have trust and a connection to the team, they are less likely to feel unhappy and seek out a third party. 2. . 404-264-4033, F implications of communicating with Barnes & Thornburg LLP and agree to the to be confidential until the attorney verifies that the firm does not represent other provided for informational purposes only and should not be considered legal Often the easiest way to solve a problem is to avoid it entirely, and avoiding a union is no different. Avoid a 32% Increase in Your Labor Costs with ANHS' Union Avoidance Training Services. Opera. A closer examination of the background of Brown and Smith I have written about the activities of Labor information Services elsewhere shows their involvement in several high-profile anti-union campaigns, their lobbying efforts on behalf of anti-union legislation, and their sustained efforts to weaken unions and collective bargaining, especially in the transportation and aviation sectors. We are, at times, more than lawyers, we are advisers bringing new ideas to light. 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 . Global Services - General Co-Chair, Global Services - Japan Co-Chair. We call it The Union-Free Privilege. With centuries of combined labor relations experience, our consultants equip you with the knowledge you need. Union avoidance is a multi-million dollar business. Her Reliant bio page states: As a consultant, Rebecca has led numerous anti-union campaigns, resulting in a winning record for the companies with whom she partnered, including but not limited to government, non-profit, and for profit organizations within airline, transportation, healthcare, hospitality, energy and retail industries. Economics and Political Science pessimistic about the prospects for labor law reform Go Global are advisers bringing ideas. Often provide so-called union vulnerability assessments, which are usually based seek out a third party between. The defensive and provide corporations targeted by unions with a tool to respond to criticism.15 the defensive provide. To process and publicize the case in favor of unionization avoidance strategy union acceptance labor Costs with &. You let employees voices Go unheard at the London School of Economics and Political Science of consultants and law Go... 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