Oregon enacted such a law since 2010, and in November 2020 the Trump NLRB sued for a second time to overturn the law, which has thus far not been actively enforced. to discredit them through global campaigns.8 Likewise, one senior Ogletree attorney (who advised the U.S. employer group at the ILO) has defended clients in global corporate campaigns.9 The firm states that it responds to all forms of union organizing activity, including global attacks.10 Jackson Lewis, meanwhile, has warned employers that global corporate campaigns are about to turn nasty,11 and predicted that, as multinationals struggle with more sophisticated union tactics, international corporate campaigns may shift more toward the American-style of organizing and counter-campaigns, particularly in European countries.12, Union avoidance attorneys have cautioned against signing global framework agreements with global union federations because they provide labor with ammunition and can deny a business the use of union avoidance measures.13 Littler attorneys have criticized Swedish fashion retailer H&M for signing an international framework agreement with UNI Global Union and a neutrality agreement with the United Food and Commercial Workers, which resulted in the unionization of over 2000 retail workers in New York City and Long Island. Unless otherwise agreed in advance, all unsolicited 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. 18.Stefan Jan Marculewicz, Elimination of the Secret Ballot Union Election and Compulsory Arbitration under the Employee Free Choice Act: A Violation of Fundamental Principles of International Labor Law, available at https://www.uscib.org/docs/090317_marculewicz_article.pdf. 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. 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. [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/). 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. Equally important to identifying employee concerns, our improving labor relations assessment process helps to reaffirm that management values employees ideas and contributions, which are essential for maintaining a positive working relationship. Union avoidance law firms have grown increasingly concerned that unions have used International Labour Organization (ILO) conventions and other international labor standards to advance organizing campaigns. Human Rights Watch has criticized captive meetings as a form of legal intimidation, which are unlawful in many developed democracies. When managers are ineffective, organizations become vulnerable to union organizing. 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 . . Monitoring the NLRB and Other Pro-Labor Legislation and Regulations. It is estimated that companies spend between $500 million and $2 billion per year on union-busting activities. Copyright document.write(/\d{4}/.exec(Date())[0]) by LaborLab | All Rights ReservedCreated with NationBuilder, https://library.fes.de/pdf-files/id/10377.pdf, https://www.law.com/dailyreportonline/2019/04/11/strong-demand-fuels-growth-for-big-four-labor-and-employment-firms/?slreturn=20191021070945, https://ogletree.com/solutions/practice-areas/cross-border/, https://www.jacksonlewis.com/media/pnc/0/media.1230.pdf, https://www.fisherphillips.com/services-international-employment, https://www.littler.com/files/ms_region_downloads/international_practice_group_brochure_english.pdf, https://fedsoc.org/contributors/harold-coxson, https://ogletree.com/solutions/practice-areas/traditional-labor-relations/, https://www.acc.com/sites/default/files/resources/vl/membersonly/ProgramMaterial/1303944_1.pdf, https://s3.amazonaws.com/documents.jdsupra.com/0d5fdc2e-10a9-4dbe-b379-c416b499d0bf.pdf, https://www.hoganlovells.com/~/media/hogan-lovells/pdf/publication/theinternationalcomparativelegalguidetoemploymentandlabourlaw_pdf.pdf, https://www.slideserve.com/sean-fox/stefen-marculewicz, https://edlabor.house.gov/imo/media/doc/Marculewicz%20Testimony.pdf, https://www.jdsupra.com/legalnews/the-littler-report-the-2011-global-empl-95500/, https://www.uscib.org/docs/090317_marculewicz_article.pdf, littler.com/publication-press/publication/employer-freedom-opinion-and-expression-within-context-union. 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. Google's Union-Busting Methods Revealed. . 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. In these cases, they go to a third party for help, and you have a union on your hands. The disclosures from Amazon offer a glimpse into how far the online retailer is willing to go to stay union-free. These employee relations assessments are almost always appreciated by the employees, and the insights derived from these conversations provide management with a valuable opportunity to address areas of concern in a proactive manner. 7.Littler Mendelson, Labor Law Update, October 15, 2014, available at https://slideplayer.com/slide/6206656/. John Logan is Professor and Director of Labor and Employment Studies at San Francisco State University. Chicago Marriott Downtown Magnificent Mile. Littler attorneys have suggested using the OECD complaints process . 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. Hutchison Group is a nationally recognized HR and labor relations consulting firm. as confidential. 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. Even with the new election rules, the NLRB election process will remain stacked in favor of corporations and their highly-paid "union avoidance" consultants. Should you choose to contact an attorney at Barnes & Thornburg LLP (via 9.The Federalist Society, Harold P. Coxson Bio, available at https://fedsoc.org/contributors/harold-coxson. . Having worked with both union and nonunion companies over the past 30 years, our labor and employment consulting firm have learned to identify key warning signs and recommend proactive steps to remain union free. The Dangers Of Union Avoidance. 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. Reduced Jackson Lewis rate: $379 per night. Cemex managed to narrowly defeat the union in a March 2019 election, but not without traipsing all over the law and illegally firing a female driver who had been organizing her co-workers, according to trial testimony. 19.ILO Committee on Freedom of Association, Complaint against the United States, Case No 683, Report No. Littler Mendelson is the world's largest management-side law firm focusing exclusively on labor and employment issues. Consultants . Fewer problems arise when employees have faith and trust in their organizational superiors. 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 . 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. Don't forget to like us! But union avoidance firms and law . It has subsequently opened offices in London, Paris, Toronto, and Mexico City. 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. The biggest being that the quickie elections leave little to no time for strong, effective anti union campaigns. [i]. Under international law, information from employers . In response, large union avoidance law firms have not only internationalized their operations, but also proposed using global standards offensively against labor organizations, and attempted to use ILO jurisprudence to argue that employers have a rightand even an obligationto oppose unionization. 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. 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. By clicking any link on this page you are giving your consent for us to use cookies. Google hired IRI Consultants, a firm known for its anti-union activities, for advice on how to deal with growing worker unrest. That said, providing labor relations training for supervisors is extremely important. 3 (2002): 197-214. Some organizations practice union avoidance by engaging in activities that discourage employees from unionizing. 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. When you start to notice the early warning signs of union organization, it's too late. Employees from unionizing on your hands Jackson Lewis rate: $ 379 per night Mendelson, labor Update. Labor relations consulting firm NLRB and Other Pro-Labor Legislation and Regulations giving your consent us... 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