ConsultStu

Are Union Election Petitions Increasing in early 2022?

Yes. According to the National Labor Relations Board (NLRB), during the first six months of fiscal year 2022 (October 1–March 31), union representation petitions filed at the NLRB have increased 57%—up to 1,174 from 748 during the first half of FY2021. At the same time, unfair labor practice charges have increased 14%—from 7,255 to 8,254. Read more. The numbers are driven mainly by over 250 cases filed by Starbucks employees alone (with around 40 stores voting for a union). In recent years, unions have been moving away from manufacturing and toward non-profits and the healthcare industry.

A representation petition is filed by employees, unions, or employers with an NLRB Field Office to have the NLRB conduct an election to determine if employees wish to be represented by a union. The Field Office investigates the petitions and, if meritorious, conducts an election to allow employees to decide whether or not they wish to be represented by a union. An unfair labor practice charge is filed by any member of the public with an NLRB Field Office if they believe an employer or union has violated the National Labor Relations Act. An NLRB field office will then investigate the charge and issue a complaint, absent settlement, if the Regional Director determines the charge has merit.

What workplaces are subject to the National Labor Relations Act (NLRA)? The NLRA applies to most private-sector employers, including manufacturers, retailers, private universities, and health care facilities. The NLRA does not apply to federal, state, or local governments; employers who employ only agricultural workers; and employers subject to the Railway Labor Act (interstate railroads and airlines). It covers employees at union and non-union workplaces. The law does not cover independent contractors and most supervisors. Read more.

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