In August 2023, the National Labor Relations Board (NLRB) issued a ruling in a case that made it easier for unions to organize employees.

The ruling (Cemex Decision), allowed unions to represent employees of a business by simply showing that the majority of the employees favor being represented by a union. If the employer wishes to contest the union’s claim, it must file an RM Petition (Representation Petition), a formal legal document that the employer must file with the NLRB.

As of February 2024, the National Labor Relations Board (NLRB) has received a total of 70 RM petitions nationwide, and it is expected to reach 443 by the end of the year. This is a significant increase from the previous record of 61 petitions received in 2015. The NLRB also received 389 representation election petitions nationwide, which is expected to reach 2425 by the end of the year. From 2014 to 2022, the NLRB averaged 1798 RC (Representation Case) petitions per year. An RC petition is a type of petition filed with the NLRB by a union seeking to represent employees in a particular workplace or bargaining unit. It is the first step in the process of holding a union representation election.

Hawaii has not experienced an increase in RM and RC petitions. As of February 2024, the Honolulu NLRB office received one RC petition and zero RM petitions. However, the Hawaii Employers Council is closely monitoring these numbers.