The National Labor Relations Board (NLRB) recently reported a significant increase in union election petitions for the first half of its fiscal year. Between October 1, 2021, and March 31, 2022, the number of requests for union elections increased by 57 percent. The significant increase is notable for several reasons. First, that number is drastically higher than historical averages. Second, the trend in activity indicates there will be the largest number of petitions in over a decade.
In order for a group to file a petition, it needs to show that at least 30 percent of employees support the union. The fact that there has been a 57 percent increase in petitions indicates substantially increased support for organized labor. In addition, activity is increasing in industries, such as service, fulfillment, and supply chain, that have not historically been known to have a union presence. Successful organizing attempts have taken place at some Starbucks and Amazon locations. There has also been effective progress in other nontraditional workplaces such as internet service provider Google Fiber, The New York Times, and companies in Silicon Valley such as Kickstarter.
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) shares on its website that union activity has begun to spark other changes for employees as well. Organizations with an existing union presence have petitioned for assistance with reaching agreements for contract changes that have been difficult to achieve. Mail carriers employed by the U.S. Postal Service lobbied with two unions to pass the Postal Service Reform Act, which has been in progress for 12 years. The act repealed a 2006 mandate for the United States Postal Service to prefund its retiree health care benefits and includes provisions to bring those benefits in line with best practices present in the private sector. It includes measures to safeguard those benefits. The legislation is expected to save the federal government $1.5 billion over the next 10 years by avoiding the overfunding of the retirement benefit.
Another recent development is directed toward a common practice for employers to hold mandatory meetings, or captive audience meetings, during organizing campaigns. During these meetings, employers share information with employees in an effort to discourage them from voting in the union. Currently, as long as employers follow fair labor practices, these meetings can require all employees be present. The general counsel for the NLRB, Jennifer Abruzzo, has issued a memorandum with her intent on repealing the right for employers to hold such meetings. The memorandum does not change employers’ ability to hold informational meetings during organizing campaigns at this time, but it does indicate that she is searching for a case to help show why these meetings lean toward unfair labor practices.
Although President Joe Biden has not gained support for the full Protecting the Right to Organize (PRO) Act, there have been significant changes, since he took office, in support of organized labor.
For information and resources on avoiding union activity in your workplace, contact MRA’s 24/7 HR Hotline at 866.HR-Hotline (866.474.6854) or [email protected].
