Recent years have shown a continued increase in unionization and organization activities within the American workforce, as measured by union representation petition filings with the National Labor Relations Board’s (NLRB).
The NLRB confirmed this upward trend at the close of FY 2024, which ended on September 30, 2024. According to the NLRB’s data, union election petitions increased by 27 percent over FY 2023, totaling 3,286 petitions filed. The data also shows that the number of union election petitions more than doubled the 1,638 petitions filed in FY 2021.
The number of employer-filed election petitions also increased in FY 2024. Although it may not be surprising to see an increase in this category of petition given the NLRB’s adoption of the new recognition/petition framework in Cemex Construction Materials Pacific, LLC in August 2023, the number of employer-filed petitions is nevertheless remarkable. In the six months preceding Cemex, only nine representation petitions were filed by the employer. By contrast, in the six months following Cemex, employer-filed petitions jumped to 254, constituting an astonishing 2,700 percent increase.
The mounting trends extend beyond filings. In FY 2023, unions secured victories in 1,152 of 1,391 elections, a notable 83 percent. Two years earlier, in 2021, unions won just 663 of 862 elections held or 77 percent. Although data for FY 2024 is not yet released, we expect that the final data will show a continued trend with respect to successful union elections in FY 2024, in correlation with the rise in petition activity.
Beyond the NLRB data, a continuing Gallup survey shows that union support among surveyed American workers has increased significantly in recent years. By way of example, the 2001 survey showed that only 60 percent of surveyed workers approved of unions. Eight years later, in 2009, that approval rating dipped to 48 percent. However, in the past 15 years, the surveyed approval rating for unions has dramatically increased to 70 percent, a level not measured since the 1960s.
The data leaves little doubt, there is a resurgence in union activity and support, and there are no signs of prospective revitalization slowing. Unions are continuing to search for opportunities to expand their populations, and as workers turn to unions, the landscape of labor relations in the United States will continue to evolve.
Employers should not ignore these statistics and trendlines. Employers currently without unionized workforces may find themselves facing a unionization campaign at any time. And employer currently with unionized workforces may face efforts to expand the union’s bargaining unit and/or increased activity relative to grievances and arbitrations and/or unfair labor practice charges with the NLRB (the amount of which has also regularly increased over recent years). It is never too early to plan ahead with respect to such matters.