2024 continues to be a busy year for the National Labor Relations Board, unions, and management. Nearly six months into the year, we have sufficient data to analyze the impact NLRB decisions such as Cemex Construction Materials Pacific, LLC have had on labor relations and organizing throughout the country. While Representative Certification (RC) Petitions (petitions where eligible employees vote “yes” or “no” for union representation) increased a significant amount as compared to this time last year, union and management win rates of those elections remain consistent.
Let’s take a look at the numbers through June 3, 2024.
RC Petitions: There were 1,214 RC Petitions filed from January 2, 2024 to June 3, 2024. This is a 24 percent increase from the 979 RC petitions that were filed during this same time period last year. This year, the union win rate is hovering around 78 percent, while the management win rate is approximately 22 percent. These win rate percentages are largely consistent with last year’s figures at this time -- 82 percent union win rate and 18 percent management win rate.
The Regions with the most RC Petitions filed so far this year are:
-
Region 19 - Seattle (144)
-
Region 1 - Boston (98)
-
Region 5 - Baltimore (73)
-
Region 13 - Chicago (68)
-
Region 21 - Los Angeles (65)
-
Region 2 - New York (61)
-
Region 18 - Minneapolis (60)
-
Region 29 - Brooklyn (60)
-
Region 4 - Philadelphia (56)
-
Region 31 - Los Angeles (55)
The states with the most RC Petitions filed this year are:
-
California (182)
-
New York (135)
-
Illinois (76)
-
Washington (64)
-
Oregon (56)
The number of eligible voters for RC Petitions this year break down as follows:
-
156 RC Petitions had 1-5 eligible voters
-
178 RC Petitions had 6-10 eligible voters
-
261 RC Petitions had 11-20 eligible voters
-
297 RC Petitions had 21-50 eligible voters
-
174 RC Petitions had 51-100 eligible voters
-
137 RC Petitions had 101-1,000 eligible voters
-
11 RC Petitions had 1,001-10,000 eligible voters
The types of facilities with the most RC Petitions so far this year are:
-
Food Services and Drinking Places (93)
-
Administrative and Support Services (82)
-
Ambulatory Health Care Services (80)
-
Hospitals (80)
-
Educational Services (55)
What does this data tell us? Unsurprisingly, RC Petitions are up. The 24 percent increase in RC Petitions demonstrates that union organization continues to rise (at least in some capacity) due to Board decisions such as Cemex Construction Materials Pacific, LLC and the widespread media attention surrounding General Motors’ contract with the UAW and UPS’s contract with the Teamsters, both signed last year. Despite the increase in RC Petitions, employers should be encouraged that management’s win rate is actually 4 percent better than it was at this time last year.
Ultimately, the data show that, while there are more RC Petitions, they are not resulting in an increase in union wins on a percentage basis.
Unfair Labor Practice (“ULP”) Charges: There have been 1,148 ULP charges (allegations that the employer violated the National Labor Relations Act) filed since January 1, 2024. This reflects a slight decrease from the 1,163 ULP charges filed at this time last year.
The Regions with the most ULPs filed so far this year are:
-
Region 2 - New York (94)
-
Region 4 - Philadelphia (67)
-
Region 10 - Atlanta (66)
-
Region 7 - Detroit (65)
-
Region 21 - Los Angeles (64)
The states with the most ULPs filed so far this year are:
-
California (189)
-
New York (158)
-
Illinois (73)
-
Michigan (67)
-
Pennsylvania (62)
What does this data tell us? This data is surprising. We generally anticipated that ULP activity would increase consistent with the RC data discussed above considering labor-friendly decisions by the Board such as Stericycle, Inc. But the increase in RC Petitions has not led to an increase in ULPs. However, it is noteworthy that the NLRB Regions with the most RC Petitions, i.e., Regions 2 (New York), 4 (Philadelphia), and 21 (Los Angeles), also have the most ULPs filed this year.
Wrapping Up: Overall, the increase in RC Petitions demonstrates that non-union facilities must remain alert and ensure that managers know the law as it relates to union organization. The 24 percent increase in RC Petitions is not likely to recede. With all the union activity, now remains a good time to consider additional union awareness training for managers and human resources professionals.