Union election petitions by employees of well-known companies, such as Amazon, Apple, and Starbucks, have recently been increasingly making headlines in the news. 

The National Labor Relations Board (NLRB) noted the rise of election petitions. On July 15, 2022, the NLRB issued a correction to its July 13th press release “First Three Quarters' Union Election Petitions Up 56%, Exceeding All FY21 Petitions Filed.” In the corrected release, the NLRB reported that during the first nine months of Fiscal Year 2022 (October 1–June 30), union representation petitions filed at the NLRB have increased 58%—up to 1,892 from 1,197 during the first three quarters of FY2021. By May 25, FY2022 petitions exceeded the total number of petitions filed in all of FY2021. At the same time, unfair labor practice charges have increased 16%—from 11,082 to 12,819. 

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 employees, unions, employers, or any member of the public with an NLRB Field Office if they believe an employer or union has violated the National Labor Relations Act. The Field Office will then investigate the charge and issue a complaint, absent settlement, if the Regional Director determines the charge has merit.

There are various reasons for the rise in unionization including impacts of the COVID-19 pandemic, labor shortage due to resignations, retirement or burnout, economic uncertainties due to rising costs, and fears of a potential recession.

Employers who have non-union employees should consider whether the current pay, benefits, employee relations, and working conditions need to be improved. They should also support open communication and encourage employees to raise concerns they have at work and attempt to address them. Otherwise, employees may believe that external, third-party assistance is their only option.

HEC can help member employers who are facing employees’ attempt to organize by assisting in the development of an appropriate strategy and response. HEC’s Labor Relations team supports members that have a unionized workforce in areas of collective bargaining negotiations, unfair labor practices, grievance handling, work stoppages, and strike preparation. Contact us at 808-836-1511 for more information, including membership inquiries.