The Burke Group - Business

Business

TBG Labor assists employers in responding to automatic recognition and ballot campaigns. According to its U.S. website, employees considering a trade union:

"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 organizer 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 service provides 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, 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.