Busted: What Florida's union busters are up to | Oct. 1-15 2024
A bimonthly round-up of reported activity by Florida's anti-union labor consultants, and employers in Florida that hire them.
Housekeeping note: Decided to split this monthly feature into bi-monthly features in order to reduce length and report information about these union busting gigs in a more timely manner.
Florida happens to be home to some of the most active anti-union labor consultants in the country. Such consultants, described by critics as “union busters,” are hired by employers to convince workers not to form or join a union. Some are attorneys, others are not.
More formally known as “persuaders” or just simply “consultants,” these consultants are hired to conduct union “risk” assessments (union vulnerability audits), train management how to talk down unions (without flagrantly violating federal law on this), and/or directly 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.”
Ground rules: Under federal law, persuaders are required to file reports with the federal Office of Labor Management Services 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 similarly 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, while LM-21’s (disclosing total payment) must be filed within 90 days after the end of the filer’s fiscal year.
The idea behind these reporting requirements is to empower workers involved in an organizing drive with knowledge of any third-party their employer has brought in, and how much they’re paying them. Often, the going rate for working to maintain a union-free workplace is hundreds of dollars per hour, as you’ll see below.
Here’s what Florida’s union avoidance experts were up to the first half of this month:
Lori Catello, CEO of the anti-union consulting firm Labor Advisors in Delray Beach, was hired by LCMC Health, a medical center in New Orleans, LA to convince registered nurses not to unionize with National Nurses United. Thing is, this happened last October, meaning this report was filed a full year late. According to the National Labor Relations Board, RNs at the medical center ultimately voted 442-100 in favor of unionization, despite Catello sending a team of six union busters to counter the organizing drive. Records show it was an expensive job, too. According to a financial disclosure report (LM-10) filed by LCMC Health’s University Medical Center this past May, the medical center paid Catello’s firm more than $1.1 million for the job, and paid the Government Resources Consultants of America, another union avoidance firm, another $305,000, also to “educate” employees about their union rights.
“Nurses at our hospital wanted a voice so we can speak up for our patients and ourselves, and we wanted a seat at the table to be involved in shaping the future of our hospital,” said Dionne Jones, a registered nurse at the University Medical Center, in a written statement provided to local news outlet NOLA.
Roadwarrior Productions, an anti-union labor relations firm in Satellite Beach, was hired by Aztech Plastering to counter an organizing drive among plasterers in Las Vegas, NV who filed a petition to unionize with the Operative Plasterers and Cement Masons International Association Local 797. Russ Brown, head of Roadwarrior Productions (and president of an anti-union legal defense nonprofit that claims partial credit for Florida’s anti-union S.B. 256), enlisted union buster Angel Cornejo, who describes himself on LinkedIn as a former Teamsters organizer, to “educate” the workers. According to Brown’s report, Aztech agreed to pay Roadwarrrior Productions a daily rate of $3,500 “plus expenses” for the job, which ran from May 24 through Sept. 30. Because Brown entered into an agreement with the employer back in May, that means this report was filed late, outside of the 30-day window. Meanwhile, Cornejo writes (in his similarly-late report) that he held anti-union captive audience meetings with Aztech workers and provided “written materials for distribution” (a.k.a. anti-union lit). According to the National Labor Relations Board, workers ultimately voted 8-16 against unionization on Sept. 30, although objections to the election have been filed, so the case is still open.
Going deeper: Looks like Aztech paid Brown’s firm $24,115 to bust a similar organizing effort in 2020. Workers voted against unionization that time, too.
Roadwarrior Productions, based in Satellite Beach, was also hired in September by the Magic of David Copperfield, a magic show in Las Vegas, NV, to convince facility team members not to unionize with the International Alliance of Theatrical Stage Employees Local 720. California-based consultant Marcus Jordan, whom Brown enlisted for the gig, reports that he had an agreed rate of $2,000 per day for the job, which he describes as “completed” even though no election has taken place (and I’m guessing an employer that would bother hiring this guy wouldn’t voluntarily recognize the union). Jordan also identified the IATSE Local in his LM-20 report as Local 70, but I noticed that doesn’t quite square with a matching NLRB case file. According to his report, Jordan “[p]repared for and held voluntary meetings with employees, at the David Copperfield Theater, to educate them on their rights under the NLRA [National Labor Relations Act].” It’s unclear to me, based on NLRB records, whether a union election in this case has been blocked or delayed. The workers’ petition to unionize has not been withdrawn, and their NLRB case remains open.
Marcus Jordan, who also apparently affiliates with the anti-union Labor Advisors firm in Delray Beach, was also hired by the Cleveland Institute of Music last month to convince studio faculty in Cleveland, OH not to unionize with the American Federation of Musicians Local 4. Jordan was enlisted for the job through Raymond Rosenbach, head of the Government Resources Consultants of America, based in Illinois. Rosenbach did not disclose in his report how much his firm, or Jordan, was being compensated for this job — which he ultimately failed to complete successfully. According to the National Labor Relations Board, studio faculty voted 56-25 in favor of unionization on Sept. 26.
“We’re handstands and pogo sticks about representing these world-class artists,” said AFM Local 4 President Leonard DiCosimo in a statement about the Cleveland Institute of Music victory. “So many CIM faculty are also Cleveland Orchestra members, who are already part of our union. This will only heighten the connection between the union and the CIM rank and file.”
Penne Familusi Jackson, head of the Michigan-based Rayla Group, filed a report affirming that consultant Aaron Butler of Orlando and Marcia Carter of Clermont are still doing union-busting for Amazon, and have been doing so with a number of other consultants since at least Oct. 2023. The job, involving “informal meetings” with Amazon workers, is “ongoing,” Jackson reports. According to a financial disclosure report, Amazon paid Jackson’s firm over $1.3 million for work completed last year alone. His firm has had an agreement with Amazon since 2021.
Nekeya Nunn, head of the anti-union Labor Pros firm in Orlando, was hired by Hilton Hotels in September for “audit” services at the hotel chain’s Anaheim Embassy in California. Hilton reportedly agreed to pay the Labor Pros a flat rate of $42,000 for the week-long audit, “plus traveling expenses.” Nunn, who’s been hired by Hilton Hotels multiple times in the past, enlisted two consultants for this job: Taylor Lee of Sacramento, California and Yashira Rodriguez of Inverness, Florida. According to the Labor Pros’ website, a “vulnerability audit” is meant to “evaluate the sentiments of your hourly workforce, giving management sufficient time to create strategies and make essential changes” all in an effort to “effectively evaluate vulnerability to outside organizations and/or unionization.” Nunn, who prides herself on “keeping companies union free,” reports there was “no union” they were specifically targeting at the hotel this time. Lee, one of the consultants she brought on, reported billing $75/hour for the job, “plus traveling expenses.”
Jocelyn Mesidor, an anti-union consultant based in Gotha, was hired through the Labor Pros to counter an organizing drive by Parsec employees in Jacksonville, FL who ultimately voted 32-26 this month in favor of unionizing with the Teamsters Local 512. Mesidor reports that she was paid $75/hour for the job, which lasted nearly a month from Sept. 9 through Oct. 3. According to Nunn’s report, Mesidor wasn’t alone. Luis Alvarez, a consultant based in Hollywood, Florida, was also enlisted for the job by Nunn, who reports billing Parsec a daily rate of $4,000/day.
Going deeper: You might recall from my August round-up that Alvarez was also recently enlisted through the Labor Pros to bust an organizing drive by Sixt Rent-A-Car sales agents at Miami International Airport, who sought to organize with the Teamsters Local 769. The sales agents there voted against unionization.
Nekeya Nunn, head of the anti-union Labor Pros in Orlando, was also hired in September by Rivers Casino to convince restaurant and bar employees in Portsmouth, VA not to unionize with the Teamsters Local 822. While I don’t see any petition filed by workers to unionize (the job may have been preemptive), I do see that the Teamsters did recently file two unfair labor practice charges against Rivers Casino, alleging that the casino 1) either laid off or refused to hire employees due to their union activity 2) made “coercive” statements to employees and unlawfully changed the terms and conditions of their employment. A LM-20 report shows that Nunn enlisted two labor consultants — Tyrinthia Buck and Kamilyn Vanoy — to counter the organizing drive, billing the employer $425/hour for the job, which lasted from Sept. 11 through Oct. 4. Both Buck and Vanoy report an hourly rate of $75/hour.
Nekeya Nunn, head of the anti-union Labor Pros in Orlando, was also hired (busy month) in September by Box Partners, a shipping supplies wholesaler, to convince warehouse employees in Elign, IL not to unionize with the Laborers International Union of North America Local 681. Nunn enlisted two consultants for the job — Octavio Perez Tavares and Marielys Betancourt — and reports billing an hourly rate of $425/hour. Both Tavares and Betancourt (also based in Florida) report an hourly rate of $75 for the job, which lasted from Sept. 9 through Sept. 26. According to the National Labor Relations Board, the pair failed. Workers ultimately voted 75-34 in favor of unionization.
Merit Logistics, a freight and warehousing solutions company headquartered in Tampa, hired David Burke of Labor Information Services (also affiliated with the viciously anti-union Burke Group) in late September to convince their lumpers and clerks at facilities in Shelbyville, IN not to unionize with the Teamsters Local 135. Burke’s firm enlisted two consultants for the job: Jose Agraz of California and Cesar Lopez of Arizona. Both were paid $225 to $230 per hour to come up with anti-union literature for distribution and conduct meetings with management and employees, according to Burke. The firm itself charged fees of $325 to $350 per hour “including travel expenses” for the job, which began Sept. 24 and is identified as “ongoing.” Lopez, in his own report, blatantly admits that the intent of his job was “to prevent Teamsters Local 135 from organizing their employees for the purpose of collective bargaining.” According to the National Labor Relations Board, Merit Logistics employees ultimately voted 19-62 against unionization, out of 109 eligible voters. Objections to the election have been filed since votes were tallied, however, so the case is still identified as “open.” The union also filed an unfair labor practice charge against the employer on Sept. 23, alleging unlawful changes in terms and conditions of employment ahead of the election (e.g. demotion, change of hours). That case, too, remains open.
That’s it for now. Do you like this round-up? Do you have thoughts or feedback? Drop a comment below, and share with friends, coworkers and fellow troublemakers.