On January 19, 2023, the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) reported that the national union membership rate declined from 10.3 percent in 2021 to 10.1 percent in 2022.
Articles Discussing Labor Union Organizing.
Private Sector Union Membership Rate Declines in 2022
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private sector union membership peaked in the mid-1950s.
While organizing activity increased in
With American Steel, Micro-Units Are Again a Likely Possibility
As urged by unions, in American Steel Construction the NLRB overturned the unit determination standard of PCC Structurals and returned to its prior Specialty Healthcare approach. As long as a union’s petitioned-for bargaining unit consists of a clearly identifiable group of employees who share a community of interest,
Labor Board Proposes Return to Pre-Trump Board Election Procedures
The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining relationships.
New Franczek Series: Labor Updates
As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers. This is the first in what we plan to be regular […]
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Architecture Firm Recognizes First Private-Sector Architects Union
Historically, unions have had success organizing the core manual laborers in the construction industry. The formation of the first union of architects at a private-sector architecture firm in the country suggests that union activity could spread to other types of workers.
As Union Support Increases, so Does the Need for Effective Labor Management and Training
Executive Summary: Recently, the National Labor Relations Board (“NLRB” or “the Board”) issued a press release detailing an increase in labor activity this year. Compared to this time last year, the Board has seen an exponential rise in representation petitions and unfair labor practice charges. This increase in labor activity coincides with the Biden Administration’s push to limit employers’ right of free speech and revive automatic recognition. As the labor landscape shifts, employers must shift their focus to preparation and training. Now, more than ever, executives and managers must know their rights and responsibilities under the National Labor Relations Act (“the Act”).
Union Representation Petitions Continue to Increase in FY 2022 Under Biden Administration
President Joe Biden promised during his presidential campaign to be “the most pro-union president you’ve ever seen,” so it should be no surprise that there has been an uptick in union activity before the National Labor Relations Board (NLRB or the “Board”).
NLRB Rules Two Union Representatives Were Not Fired Over COVID-19 Concerns
On July 6, 2022, the National Labor Relations Board published its decision in Southwest Regional Council of Carpenters, 371 NLRB No. 112, adopting the administrative law judge’s (ALJ) decision that a carpenters’ union did not unlawfully lay off two employees who raised concerns about safe working conditions during the
NLRB General Counsel Seeks to Limit Secret Ballot Elections in Favor of Union Recognition Based on Card Count
Executive Summary: On April 11, 2022, the National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) filed a brief in Cemex Construction Materials Pacific, petitioning the Board to reinstate the Joy Silk doctrine, a Board standard that was rejected more than 50 years ago.
Employers Take Note! Labor’s Resurgence Could be Real this Time
Despite the always shifting pendulum of labor law, unionization rates in the private sector have decreased and remained low since the 1970’s. However, a recent surge of unionization efforts, coupled with unique economic conditions and key initiatives at the National […]
NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful
For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National Labor Relations Board (NLRB) General Counsel Jennifer […]
Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians
In Piedmont Health Services, Inc. and Piedmont Health Services Medical Providers United, Case No. 10-RC-286648, Region 10 of the National Labor Relations Board (Region) issued a Decision and Direction of Election (DDE) in which it held that physicians are not supervisors under the National Labor Relations Act (the Act) simply
Employers Should Take Note of Recent Union Organizing Activities
In the first quarter of 2022, unions filed over 550 election petitions in the United States, compared with only 290 in the first quarter of 2021. It is the largest first-quarter number filed in the past seven years. While part of the increase can be attributed to the SEIU (Service Employee International Union), which has filed dozens of petitions at Starbucks facilities throughout the United States, many believe that pandemic-induced labor market issues and the rise of worker autonomy have created an opportunity for organized labor.
Labor Attempts to Further Restrict Employers During Rising Union Campaigns
Earlier this week, National Labor Relations Board (“NLRB”) General Counsel, Jennifer Abruzzo released a memo urging Biden’s pro-union Board to declare that employers can no longer hold “captive audience” meetings. “Captive audience” meetings, which are currently permitted, occur when employers hold mandatory meetings, during working hours, to present facts, opinions, and reasons to vote against forming a union during an election campaign.
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