Busted: What Florida's union busters were up to last month | Oct. 2024 (Part 2)
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 of these consultants are attorneys, others are not.
More formally known as “persuaders,” these employer-side 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 payment received or pending) 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 the knowledge of any third-party their employer has brought in, and how much they’re paying them — which is ironic, since consultants will often denigrate the union as a “third-party,” too. Often, the going rate for working to maintain a union-free workplace is hundreds of dollars per hour, as you’ll see below.
Part 1 of what Florida’s union avoidance experts were up to in October.
Here’s what Florida’s union avoidance experts were up to the second half of October:
Wildine Pierre-Barrett, a labor consultant from Altamonte Springs near Orlando, was hired through The Crossroads Group to convince Capstone Logistics employees in Sarasota, Florida not to unionize with the Teamsters “and Unions in general.” Drivers in South Florida, also employed by Capstone Logistics, voted to join the Teamsters Local 769 in 2022 — but I don’t see a matching case file for what appears to be a new organizing drive in Sarasota (where the Teamsters have had a couple of notable victories as of late). According to Crossroads Group president Michael Penn (who’s based out of California), his firm was brought on for the job — identified as “ongoing” — on Sept. 29. The employer has reportedly agreed to a rate of $450 an hour “plus reasonable and customary expenses” for the job, which includes providing anti-union presentations, preparing “written materials,” and conducting meetings with management and employees “to discuss information related to third-party representation and rights afforded by the National Labor Relations Act (NLRA).”
Records show Penn also enlisted Pierre-Barrett and another consultant — Miko Amara Penn — last month for a decertification campaign up in New York. According to Penn’s report, the Crossroads Group was hired by healthcare provider Sun River Health on Sept. 17 to convince non-supervisor employees at health centers and contact centers on Long Island to decertify their union, affiliated with 1199 SEIU. But it appears they may have failed. While a worker filed an initial petition with the National Labor Relations Board to decertify their union, the board wrote in a recent decision that the worker failed to get enough signatures from fellow employees in support to move forward with her case, even after giving her a reasonable amount of time to cure the deficiency. So, they’ve dismissed the petition. According to Penn’s report, the employer agreed to pay his anti-union labor relations firm $450 per hour for the job, which similarly involved coming up with anti-union “written materials,” conducting meetings with employees and such.
Johan Pena, a labor consultant from Delray Beach, was enlisted through the Labor Relations Institute in September (along with four other consultants) to convince machine operators, production employees and others employed by Coregistics in Elgin, Illinois not to unionize with the International Association of Machinists and Aerospace Workers. According to a report filed by Labor Relations Institute president Phil Wilson, the employer agreed to pay $425/hour “plus reasonable travel expenses” for the job, which began Sept. 19 and is described as “ongoing.” I don’t see any record for this organizing drive with the National Labor Relations Board, so it’s unclear to me what stage workers are are in their organizing process.
Niles Commer, a labor consultant based out of Sarasota, was hired through the Labor Relations Institute along with consultant Patrick O’Mara to convince drivers employed by United Road Services in Newark, New Jersey and Baltimore, Maryland not to unionize. Both Commer and Labor Relations Institute president Phil Wilson claim there is “no union” in New Jersey they were hired to target, but Wilson does mention the Teamsters as their target in Baltimore. Commer, who has a history of violating federal disclosure requirements for persuaders, agreed to an hourly rate of $212 “plus reasonable travel expenses” for the job, which began in late September. Commer says he was hired to speak to drivers in Newark specifically for just two days, from Sept. 24 through Sept. 26. Wilson, who reports an agreed-to rate of $425/hour for the job, says that LRI entered into an agreement with United Road Services on Sept. 13. He identifies the job as “ongoing” — and it looks like a matching case for a union election in Baltimore is still open.
Michael Caserta, an “educator” affiliated with the Labor Advisers in Delray Beach, was enlisted in September to convince production and maintenance workers employed by Chemtrade Logistics in Cairo, Ohio not to unionize with — well, he says, the AFL-CIO. If you’re aware of how the AFL-CIO works, you’d know the AFL-CIO doesn’t organize workers. It’s not a union, it’s a federation of unions. So I don’t know what he’s getting at. Anyway, a matching case via the National Labor Relations Board shows there are Chemtrade Logistics workers who sought to organize with the United Steelworkers, an affiliate of the AFL-CIO. According to the NLRB, however, it appears the workers (or the union) decided against holding a union election. They filed a letter requesting a withdrawal of their petition for a union election in early October — which was granted. Neither Caserta, nor the head of the firm he’s working through (the Government Resources Consultants of America) disclosed their billing rates. Caserta described his job as follows: “To conduct meetings with the employees in the bargaining unit to discuss the reality of signing authorization cards, the process of voting, what to expect leading up to voting, what collective bargaining means, and an overview of how that works.”
The Labor Pros, a “union avoidance” firm based in Orlando, was hired by Adusa Transportation in September at a rate of $4,000/day to convince their full-time employees in Dunn, North Carolina not to unionize with the Teamsters Local 391. The Labor Pros enlisted three consultants for the job —Mildred Black of Birmingham, Alabama; Rachel Chin of Oviedo, Florida; and Joseph Radic of Colts Neck, New Jersey — according to a report filed by Labor Pros head Nekeya Nunn. According to the National Labor Relations Board, workers ultimately voted 83 to 107 against unionization, but the union has filed two unfair labor practice charges against the employer since, records show, alleging violations of labor law.
Russell “Russ” Brown, head of RoadWarrior Productions in Satellite Beach, was asked to provide a cost estimate for more union-busting for Amazon at its BOS5 facility in Massachusetts and Amazon’s DBK4 facility in New York (where workers joined the Teamsters in mid-September). “We are grateful for the opportunities that Amazon has given to us and will strive to exceed your expectations in both service and fiscal responsibility,” Brown wrote in a letter to Amazon, filed with the U.S. Department of Labor in mid-October. The letter is dated Sept. 18 — and provides Amazon with a six-to-seven-figure cost estimate, based on a daily rate of $3,800 or an hourly rate of $475 per consultant, plus lodging, meal, and travel expenses. Brown has done work for Amazon for years, targeting various independent unions, and is now working with Amazon to bust organizing efforts (and/or water down pro-union sentiment) among Amazon DSP drivers who are organizing with the Teamsters (which welcomed an affiliation with the upstart Amazon Labor Union in June).
Marla Bardi, head of the firm Bardi Education Services in Sarasota, was hired by PruittHealth Therapy Services in September to convince their employees in Charlotte Hall, Maryland not to unionize with the International Association of Machinists and Aerospace Workers (IAM) Local 4. That job appears to be “ongoing” — based on Bardi’s report and an open NLRB case. Bardi doesn’t disclose her billing rate, and her agreement with the employer, filed with the U.S. Department of Labor, offers few conclusive details, although it appears she usually charges a $20,000 retainer (not uncommon, in addition to daily/hourly rates, plus expenses).
Scott Hardy, a labor consultant based out of Brandon, was enlisted by Jason Greer of the Missouri-based Greer Consulting firm in August to convince plumbing technicians and others employed by Jet Services not to unionize with the U.A. Local 350 Plumbers, Pipefitters and Service Technicians in Sparks, Nevada. Greer’s report doesn’t disclose how much the employer agreed to pay his firm, but the job began Aug. 11, lasting through Sept. 5 — the day of the workers’ union election. Although an official tally of votes isn’t yet publicly posted, it looks like someone (either the employer or the union) has filed objections to the results since votes were cast. Records show the union has also filed multiple unfair labor practice charges against the employer with the National Labor Relations Board, alleging violations of labor law involving “coercive actions,” refusal to recognize the union, and unlawful “interrogation.”
Going deeper: Greer Consulting describes itself as a “labor relations and diversity management-consulting firm that works with client organizations and leaders to address challenges and solve problems caused by the complexities in the workforce.” Presumably, one of those “complexities” is a desire by workers to form or join a union. In fact they claim they “can help” employers facing the “threat of unionization.” It appears they have, historically, filed their mandatory disclosure reports with the federal government quite late — demonstrating a history of noncompliance with federal labor law. Records show the firm has also been hired in the past (for union busting) by companies such as Quest Diagnostics and Dr. Pepper.
Abe Flores of the California-based A&S Consulting Services (you might remember mention of the Flores family if you read my coverage of a recent truckers’ organizing drive in Orlando) belatedly filed a report this month disclosing his part in an aggressive union-busting campaign organized this past April by Mercedes-Benz in Alabama. Flores admits (five months late) that he was hired through Byron Clay of Apollo Beach, Florida to help join an undoubtedly-expensive counter-organizing campaign to convince production and maintenance workers of Mercedes not to unionize with the United Auto Workers. Flores was one of at least nine consultants enlisted through Byron Clay’s firm, BJC & Associates, according to a report Clay filed with the feds back in May. Sean Lyles of Orlando (who apparently used to work with Disney — shocker) was also involved in that gig. He filed his report in August (still late). Auto workers in Alabama ultimately voted 2,642 to 2,045 against unionization — but the UAW has since filed objections to the election results, arguing the automaker illegally intimidated workers. So, the case remains open.
Juan Santana and Jose Agraz, affiliated with the Labor Advisors in Delray Beach, were enlisted by Raymond Rosenbach of the Government Resources Consultants of America alongside Washington-based consultant Michael Indivero in September to convince warehouse employees of Lineage Logistics not to unionize with the Teamsters Local 703 in Illinois. It appears their union election is scheduled for Nov. 7, according to the National Labor Relations Board. The local already represents some Lineage Logistics employees, according to their website and is organizing a rally on Nov. 4 in support of extending that union representation to other workers who are (it would seem) fighting a counter-campaign from the boss, too. According to Rosenbach’s report, his firm planned to “conduct meetings” with employees “to discuss the realities of signing authorization cards and voting in the upcoming election.” The job is described as “ongoing.” Rosenbach did not disclose terms of payment in his report (as usual, for him).
Michael Caserta, a labor consultant also affiliated with the Labor Advisors in Delray Beach, was hired through Rosenbach in September to convince, well, maybe just one (??) warehouse/sanitation employee of Sygma in Monroe, Michigan not to unionize with the Teamsters Local 337. The company was also facing a slightly-larger union drive in Kansas City, Missouri, where workers this month voted 35 to 16 in favor of unionizing with the Teamsters Local 955. According to a separate report filed by consultant Oscar Wilmington, he and right-wing union buster Peter List of Logic Labor Relations were similarly hired to counter that organizing campaign, too (and obviously failed). The company reportedly agreed to pay List’s firm $2,625 per day “plus actual and reasonable expenses” for the job, according to Wilmington.
Dawn Chapman of D&G Consulting in Celebration and John Burress of the Labor Advisors in Delray Beach were hired through Rosenbach last month to convince manufacturers, machinists, mechanics, and “boil makers” (I’m guessing that’s a typo) employed by 3M Cordova not to unionize. As for the union they’re targeting, Rosenbach himself writes “unknown.” He doesn’t specify where the job is taking place, but the company itself appears to be based in Cordova, Illinois. A quick Google search shows that in 2023, the company reached a $10.3 billion settlement with the Illinois Attorney General for (allegedly) dumping “forever chemicals” in the local water supplies. The U.S. Environmental Protection Agency also recently hit 3M Cordova with a $125,900 civil penalty to resolve alleged violations of the Resource Conservation and Recovery Act that, reportedly, threatened worker safety.
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.