Union Election Petitions Have Doubled Since FY 2021, NLRB Says

Since the end of 2021, there has been a historic rise in the amount of union election petitions and unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB), according to a new report. The Oct. 14 NLRB report for the agency's 2024 fiscal year indicates little sign of any slowdown.

The agency noted the number of election petitions has more than doubled in recent years, 

“From October 1, 2023, to September 30, 2024, the National Labor Relations Board received 3,286 union election petitions, up 27% since FY 2023, when the Agency received 2,593 petitions. This is more than double the number of petitions received since FY 2021, when the NLRB received 1,638 petitions.”

The number of charges filed with the NLRB alleging labor law violations also has increased, the report said. The ULP filings set a record for the last 10 years, according to the agency, which said, 

“Likewise, from FY 2023 to FY 2024, unfair labor practice charge filings increased 7% (from 19,869 to 21,292 cases). In sum, the NLRB’s field offices received a total of 24,578 cases, the highest total case intake in over a decade.”

While some of this uptick may be attributable to the ongoing Starbucks unionization efforts, those petitions account for only a small percentage. 

The amount of publicity unions have received in recent years may be contributing to this renewed interest. In addition to Starbucks, other big name companies like Trader Joe's and Apple have been in the news due to unionization efforts at their organizations. The strikes last year at the Big Three automakers also dominated headlines and many perceived the UAW as securing favorable economic terms for their members.

And, of course, the recent strikes at U.S. ports resulting in potential large wage increases were all over the news in recent weeks,

Given changes in the union election process, the number of union election petitions may not even signal all new union organizing efforts. Indeed, under the current framework, more employers may be voluntarily recognizing unions versus going to election. Employers, even under this new framework, should know they still can force a secret ballot election and do not have to voluntarily recognize a union.

The numbers here continue to be off the charts. We'll see if they start coming back to Earth in 2025.