NLRB Reports That Significant Increase in Union Election Petition Activity Will Likely Continue

The National Labor Relations Board (NLRB) announced that union election petitions have increased by 35% in the first half of Fiscal Year 2024 (October 1-March 31) and Unfair Labor Practice Charges (ULPs) are up 7% during the same period.

From October 1, 2023 to March 31, 2024, the NLRB received 1,618 union election petitions compared to just 1,199 during this same period in Fiscal Year 2023. The NLRB has seen a significant year-over-year increase of union election petitions since 2021, and that trend is likely to increase over the second half of Fiscal Year 2024.

The surge in union election petitions to start Fiscal Year 2024 is attributable to the NLRB’s recent decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130, (2023), which:

  1. speeds up the union election process,
  2. greatly facilitates and simplifies union organizing, and
  3. subjects employers to bargaining orders rather than a re-run of an election if the employer engages in certain conduct during the election period.

Employers need to be aware of the new rules governing union election petitions and the resulting increase in union organizing activity. Once a petition is filed, employers only have a matter of days to respond to the petition and prepare for an election hearing. Furthermore, conduct by the employer during this period may result in the foregoing of an election and the employer being required to recognize and bargain with the petitioning union. As more and more workforces are seeking to unionize, it is critical that employers understand their rights and obligations under the National Labor Relations Act.

If you have received a union election petition or if you have any questions or concerns regarding the increase in union activity and the recent Cemex decision, please contact Daniel J. Sobol or Brandon S. Shemtob or Michael G. Greenfield.