The Burke Group
Encyclopedia
The Burke Group is a U.S.-based international management consultancy established in 1982 with headquarters in Los Angeles. The Burke Group describes itself as an "international leader" in guiding management during union recognition campaigns. TBG provides commercial services to private and public employers. Services are also offered toward business development and leadership training. Critics of TBG call the firm's practices professional union busting
.
The CEO
and President is David J. Burke.
:
Although their business has reportedly been international in scope since its inception, their services increased in the EU "after the Employee Relations Act 1999 (ERA 1999)was established in June 2000 and triggered new procedures related to trade union recognition and ballot elections". UK employers may seek the services of labor relations consultants such as TBG and/or legal counsel to assist them thru the new law's complexities regarding automatic recognition or subsequent ballot elections. "Human Rights Watch does not take the position that employer silence is required under international standards. Rather, non-interference is required by international standards."As stated by Dr. John Logan: "Britain has a “hybrid” system of union recognition: employers can recognize the union without a demonstration of majority support, or, if the employers refuse voluntary recognition, the Central Arbitration Committee (CAC) can recognize the union on the basis of documentary evidence of union membership or by holding a ballot election."
When direct communications known as third party persuading are requested, TBG recommends its U.S. clients work with Labor Information Services, Inc. (LIS), where David J Burke is also CEO. This serviceprovides workers a chance to talk "directly" with professional consultants during organizing campaigns which allows questions and answers from sources other than professional union organizers. "Direct communications with employees during union activity must be conducted in strict accordance with the definitions and guidelines provided within the Landrum-Griffin Act known as the Labor Management Reporting and Disclosure Act
passed by the U.S. Congress in 1959. It requires detailed reporting of all monies paid for third party activities be provided via Form LM10 which is later posted for public record."
According to their webpage, LIS is necessary because the "The increase of non English speaking workers throughout U.S. industries has made communications (third party persuading) to a company's workforce a major challenge. The supervisors and managers at most companies are not bi-lingual, they do not know the law (National Labor Relations Act) nor can they be expected to answer employee questions in the short time frame of a union organizing campaign." LIS consultants can talk to workers in "English, Spanish, Tagalong [sic], French, Portuguese, Vietnamese as well as several dialects of Chinese."
According to the United States Dept of Labor's “online public disclosure room” the Annual Receipts and Disbursements Reports (LM-21) are listed for LIS from 2000-2009. The year 2002 at $2,313,440.34 is the highest report for the period.
(UK) and the AFL-CIO
(USA) of a joint campaign on both sides of the Atlantic to thwart employer efforts which "demonise trade unions and scare employees from joining up." The campaign was designed to shed light on the tactics of professional companies which oppose trade union organising. The report examined tactics used by U.S. consultants and law firms, including detailed descriptions of Burke Group activities and clients in the UK.
In response, a Burke Group press release noted, the "report was biased and misleading based on subjective partisan research for which no request has ever been made to TBG nor its clients to review the veracity of the statements/conclusions contained therein before going to print."
Union busting
Union busting is a wide range of activities undertaken by employers, their proxies, and governments, which attempt to prevent the formation or expansion of trade unions...
.
The CEO
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
and President is David J. Burke.
Business
TBG Labor assists employers in responding to automatic recognition and ballot campaigns. According to its U.S. website, employees considering a trade unionTrade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
:
"Employees want and deserve to hear both pro employer and pro union arguments in order to make an informed choice before voting in a union election. A union organizerUnion organizerA union organizer is a specific type of trade union member or an appointed union official. A majority of unions appoint rather than elect their organizers....
is experienced at running a union membership campaign whereas employers have little if any experience on how to respond to them when this activity presents itself. Once union activity becomes apparent, employers generally seek TBG and/or legal counsel in order to be better able to respond accurately and lawfully to employees."
Although their business has reportedly been international in scope since its inception, their services increased in the EU "after the Employee Relations Act 1999 (ERA 1999)was established in June 2000 and triggered new procedures related to trade union recognition and ballot elections". UK employers may seek the services of labor relations consultants such as TBG and/or legal counsel to assist them thru the new law's complexities regarding automatic recognition or subsequent ballot elections. "Human Rights Watch does not take the position that employer silence is required under international standards. Rather, non-interference is required by international standards."As stated by Dr. John Logan: "Britain has a “hybrid” system of union recognition: employers can recognize the union without a demonstration of majority support, or, if the employers refuse voluntary recognition, the Central Arbitration Committee (CAC) can recognize the union on the basis of documentary evidence of union membership or by holding a ballot election."
When direct communications known as third party persuading are requested, TBG recommends its U.S. clients work with Labor Information Services, Inc. (LIS), where David J Burke is also CEO. This serviceprovides workers a chance to talk "directly" with professional consultants during organizing campaigns which allows questions and answers from sources other than professional union organizers. "Direct communications with employees during union activity must be conducted in strict accordance with the definitions and guidelines provided within the Landrum-Griffin Act known as the Labor Management Reporting and Disclosure Act
Labor Management Reporting and Disclosure Act
The Labor Management Reporting and Disclosure Act of 1959 , is a United States labor law that regulates labor unions' internal affairs and their officials' relationships with employers.-Background:...
passed by the U.S. Congress in 1959. It requires detailed reporting of all monies paid for third party activities be provided via Form LM10 which is later posted for public record."
According to their webpage, LIS is necessary because the "The increase of non English speaking workers throughout U.S. industries has made communications (third party persuading) to a company's workforce a major challenge. The supervisors and managers at most companies are not bi-lingual, they do not know the law (National Labor Relations Act) nor can they be expected to answer employee questions in the short time frame of a union organizing campaign." LIS consultants can talk to workers in "English, Spanish, Tagalong [sic], French, Portuguese, Vietnamese as well as several dialects of Chinese."
According to the United States Dept of Labor's “online public disclosure room” the Annual Receipts and Disbursements Reports (LM-21) are listed for LIS from 2000-2009. The year 2002 at $2,313,440.34 is the highest report for the period.
AFL-CIO and TUC Agreement on anti-union activities of U.S. firms
A report "US Union Avoidance Consultants: A Threat to the Rights of British Workers" was released in February 2008 to coincide with the announcement by the Trades Union Congress (TUC)Trades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in the United Kingdom, representing the majority of trade unions...
(UK) and the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
(USA) of a joint campaign on both sides of the Atlantic to thwart employer efforts which "demonise trade unions and scare employees from joining up." The campaign was designed to shed light on the tactics of professional companies which oppose trade union organising. The report examined tactics used by U.S. consultants and law firms, including detailed descriptions of Burke Group activities and clients in the UK.
In response, a Burke Group press release noted, the "report was biased and misleading based on subjective partisan research for which no request has ever been made to TBG nor its clients to review the veracity of the statements/conclusions contained therein before going to print."