Busted: What Florida's union busters are up to | July 2024 edition
A monthly round-up of union busting activity performed by anti-union labor consultants based in Florida.
Believe it or not, Florida is home to some of the most active union busters and union busting firms in the country who work to convince employees not to form or join unions.
More formally known as “persuaders,” (some don’t like the use of the term “union buster” in reference to their activity), these people are hired by employers to persuade employees “to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing,” according to the federal government’s formal definition.
Ground rules: Under federal law, persuaders are required to file reports with the federal Office of Labor Management Services (OLMS) when they enter into agreements with employers. These forms are known as LM-20s and LM-21s. When filled out correctly, they offer a snapshot of what persuaders are hired to do, and how much money they’re getting out of it. Employers are required to file similar reports (LM-10s) annually, detailing how much they’ve spent on union busting or “persuader” activity.
LM-20’s (detailing a job) must be filed within 30 days of entering into an agreement with a company, by law, while LM-21’s (disclosing total payment) must be filed within 90 days after the end of the filer’s fiscal year.
Here’s what our Florida-based “persuaders” (and employers) were up to this month:
Michael Caserta, associated with Labor Advisors in Delray Beach, was hired through the Illinois-based Government Resources Consultants of America to “inform and educate” maintenance and fleet technicians in Oregon, employed by Sysco, who sought to unionize with the Teamsters Local 162. Looks like Caserta failed, according to a celebratory post on Local 162’s Instagram page. According to the National Labor Relations Board, it was a unanimous 14-0 vote in favor of unionizing, out of 16 eligible voters. Neither Caserta, nor the GRCA, have yet disclosed how much Caserta was paid for the job. Records show, however, that Sysco has a long history of hiring union busters. In 2019, the distributor paid Peter List, a persuader with Kulture Consulting, nearly $150,000 to bust organizing activity among Sysco workers in Medley, Florida.
“I am proud of this group of hardworking mechanics who stood strong against Sysco’s attempts at union-busting,” said Mike Mayo, Teamsters Local 162 Business Agent and Organizer following the successful unionization effort by Sysco workers in Oregon. “I commend these workers for their resilience in refusing to participate in Sysco's 'captive audience' meetings, asserting their rights afforded to them by the NLRB with unwavering determination."
Kirsten Johnson-Moore, another persuader based in Delray Beach, was hired by Johns Hopkins Hospital in Baltimore last year to convince the hospital’s “Operating Room employees” not to unionize with 1199 SEIU. In her report, Johnson-Moore states that she was hired to “coach and mentor” the hospital’s managerial team and “engage” with employees involved in organizing. According to Johns Hopkins’ report, the hospital agreed to pay Johnson-Moore $350/hour, plus food and travel reimbursement, for the job, costing the hospital $93,249 in total. From what I can tell, it looks like the workers ended up withdrawing their petition for a union election, but have filed unfair labor practice charges against their employer since.
Amigos Meat Distributors, a wholesaler in Miami hired Quality Labor Solutions, a California-based union busting firm, and the Government Resources Consultants of America, based in Illinois, to convince ten Miami truck drivers not to unionize with the Teamsters Local 769 last year. Yes, you read that right: last year. So why am I reporting it now? It looks like Evelyn Fragoso, president of Quality Labor Solutions, filed a deficient report last year, and only just refiled an amended report this month. Records show, Amigos Meat (which has a few locations elsewhere in the U.S.) paid out $208,250 for the month-long job, lasting from July to August 2023. Fragoso’s firm was paid $70,731 while the Illinois-based outfit received $137,519 for their work. Based on a matching National Labor Relations Board filing I found, it appears the consultants accomplished what they were hired to do. Although an election was scheduled, it’s unclear to me — based on publicly available documents — whether an election actually occurred. Either way, the case is marked ‘closed’ and the Teamsters are not identified as the workers’ certified bargaining agent.
Wildine Pierre, an anti-union persuader based in Altamonte Springs was hired in March by Burke Rehabilitation Hospital, which agreed to pay her $292.50 an hour to persuade teachers at their Ohio-based Early Childhood Learning Community facilities not to unionize with the American Federation of State, County and Municipal Employees Local 8. Pierre was reportedly hired for the job through fellow anti-union persuader Michael Penn of The Crossroads Group, who was promised an hourly rate of $450 an hour, “plus reasonable and customary expenses,” to convince hospital employees at Burke’s New York location not to unionize with the Service Employees International Union (SEIU). The union drive referenced in Pierre’s report appears to be an ongoing fight, while it appears the unionization effort in New York ultimately fell through.
Russ Brown, president of Road Warriors Productions (a.k.a. RWP Labor) based in Satellite Beach, was hired in June by the American Bottling Company — doing business as Keurig Dr. Pepper — to convince merchandisers in Chicago, Illinois not to unionize with the Teamsters Local 727. Records show Brown has been hired (and paid handsomely) by this same company before. For this latest job, Brown enlisted four anti-union consultants, none of whom are based in Florida: Raphael Sebastian, Edward Hinkle, William Monroe, and Roger Lacy. According to election results posted by the NLRB, they failed. Merchandisers ultimately voted 58-53 in favor of unionization in mid-July. Ironically, although the company is based in Ohio, they also listed their legal counsel to include an Orlando-based lawyer with the Ford & Harrison law firm. Account managers and sales service reps at Keurig Dr. Pepper’s Illinois facility similarly voted to unionize with the Teamsters Local 727 in 2019.
Johan Pena, a labor consultant based in Miami, was contracted in July through the anti-union Labor Relations Institute (LRI) to convinced utility workers in Connecticut, employed by USIC, not to unionize with the American Federation of State, County and Municipal Employees Council 4. According to a matching NLRB petition, workers first filed a petition to unionize in June. Their election was scheduled for today, July 31. Phillip Wilson, president of LRI Consulting, reports that USIC agreed to pay an hourly rate of $425 per hour, plus “reasonable travel expenses,” to “educate employees regarding exercising their rights to organize and bargain collectively.” Pena, however, writes in his own report that he was hired for what appears to be the same job — not in July, but from Sept. 28, 2023 through Oct. 11, 2023. I can’t find any organizing campaign that actually occurred during that period though, so it’s unclear to me whether Pena made a mistake in his report, or if Wilson possibly did. Pena doesn’t specify where this job took place, or which types of employees he was specifically hired to “educate.” Weirdly, he also listed the same date range for a union busting job for Knott’s Berry Farm.
Luisa Perez, the manager of Labor Relations LMP Inc in Cape Coral, was hired to convince food service workers in Las Vegas, employed by SBE Inc, not to unionize with the Culinary Workers union Local 226. According to Perez’s report, she was hired to “speak with employees” and “inform them of organizing by Culinary Union” through the anti-union firm Road Warrior Productions, based in Satellite Beach. The employer agreed to pay Perez a rate of $2,000 per day for a 3-day job, plus travel and expenses. However, Perez reports that, as of July 25, she has not been paid per their agreement.
Joseph Brock, a consultant affiliated with Reliant Labor Consultants — reportedly based in Apollo Beach — was hired in June by health clinic operator Innercare to convince healthcare workers not to unionize with SEIU United Healthcare Workers West. The union, based in California, condemned the company’s alleged anti-union tactics in a press release issued Monday, July 29. According to one report I found, Brock — also affiliated with the firm East Coast Labor Relations — was one of seven consultants hired for the job.
“Innercare workers deserve fair treatment and a free and fair union election, instead many were unjustly harassed, intimidated or fired for exercising their legal right to form a union,” said Javier Hernandez, a telehealth technician at Innercare Calexico clinic. “The fight for a just and equitable workplace at Innercare is far from over, and we are confident that justice will ultimately prevail.”
What’s less clear to me, however, is whether Brock is actually based in Florida. Brock consistently reports his address as being located in Richland, Michigan even though others — including employers he’s worked for — have listed his address as being located in Apollo Beach, Florida. His LinkedIn profile says he’s located in Riverside, New Jersey. The Apollo Beach address listed for Brock — 1011 Sonata Lane — is a residential property in Hillsborough County that, according to property appraiser records, is owned by someone named Byron Clay. State records show that Clay, for his part, is associated with an inactive business called Reliant Labor Consultant LLC. Clay, a self-described labor consultant, describes himself on LinkedIn as a co-founder of Reliant Labor Consultants, a “union avoidance” firm. Clay, however, is not listed or shown on Reliant Labor Consultants’ website alongside Brock.
That’s it for this month. Do you like this round-up? Have thoughts or feedback? Drop a comment below, and share with friends or fellow troublemakers.