Wednesday, April 6, 2022: NLRB Reported 57% Increase in Union Representation Petitions Since October 2021
Yes, one would think so with both Secretary of Labor Marty Walsh and now President Biden, too, acting as union organizers crisscrossing the nation to encourage employees to unionize. These are firsts ladies and gentlemen. Not sure what it will mean when Republicans next regain the White House: anti-union statements from a Republican Secretary of Labor and The President? Takes things to a whole new level, since USDOL’s mission does not include proselytizing employees to join unions, as opposed to enforcing the rights of employees under the many Congressional federal statutes the Congress and the President have entrusted to USDOL to enforce.
Details: The National Labor Relations Board (NLRB) announced that during the first six months of Fiscal Year 2022 (October 1–March 31), union representation petitions filed at the NLRB had increased 57% (from 748 to 1,174). In addition, unfair labor practice charges increased 14% (from 7,255 to 8,254).
The increased workload comes when staffing shortages plague the Agency, along with so many other organizations post-pandemic. The Agency staffing levels have dropped 39% since FY 2002, and field staffing has shrunk by 50%.
The NLRB has received the same Congressional appropriation of $274.2 million for nine consecutive years. However, last week, President Biden released his FY 2023 budget, which requests $319.4 million for the NLRB. This 16% increase hopes to modernize the Agency’s technology infrastructure but will not fully address staffing needs, according to The President. As detailed in its FY 2023 Congressional Budget Justification, more than three-quarters (77%) of the NLRB’s budget goes directly to staffing costs (as is true of most employment-related enforcement agencies).
“Right now, there is a surge in labor activity nationwide, with workers organizing and filing petitions for more union elections than they have in the last ten years. This has caused a significant increase in the NLRB’s caseload, and the Agency urgently needs more staff and resources to effectively comply with our Congressional mandate,” said NLRB General Counsel Jennifer Abruzzo.
To keep things in perspective, however, we reported in January 2022 that “Union Membership Falls Back to 2019 Rate, 10.3% of Employed Workers: Only 6.1% in the Private Sector.” However, this report was from the Bureau of Labor Statistics (BLS) 2021 Union Data Information, so it did not reflect the workload numbers the NLRB cites above.
Union Representative Petitions
Employees, unions, or employers may file a representation petition with an NLRB Field Office to have the NLRB conduct an election to both certify and to decertify unions. The Field Office investigates the petitions and, if meritorious, conducts an election to allow employees to decide whether they wish a union to represent them.
Unfair Labor Practices
Any member of the public may file an unfair labor practice with an NLRB Field Office if they believe an employer or union has violated the National Labor Relations Act. Field Offices investigate the charge and may issue a complaint, absent settlement, if the Regional Director determines the charge has merit.