New National Labor Relations Board data showed increases in both unfair labor practice charges and union election petitions, continuing a two-year trend. Meanwhile, the EEOC has its first Senate-confirmed General Counsel in more than two years, which could ramp up the Commission’s recently released strategic enforcement plan.
Unfair labor practice charges, union activity continue to rise: Newly released NLRB data showed a 10% increase in unfair labor practice charges compared to 2022. The total number of cases filed over the last two months – 22,448 – is the highest since the Obama administration. Meanwhile, petitions for union representation also increased compared to last year, albeit only by 3%. Nevertheless, the total number of petitions filed over the last two months is also the highest since the Obama administration.
The increased activity comes as 2023 has seen the most significant large strike activity in recent memory. Strikes within the auto, health care, and movie production industries have garnered national attention and further increased the focus on labor relations within the United States. The union movement has not experienced this much public attention in decades, nor such proactive support from the federal government perhaps ever. The question remains whether such momentum will result in any corresponding meaningful increase in union representation in the private sector, which has not moved above 6% in years.
Meanwhile, Karla Gilbride was confirmed by a vote of 50-46 in the Senate as General Counsel of the EEOC. The position remained vacant for more than two years – Gilbride was initially nominated in June 2022. With a newly minted Democrat majority and its first confirmed General Counsel, the Commission is now empowered to execute its recently released strategic enforcement plan which will focus on retaliation, AI bias, and DEI issues, among others.
Outlook: With the ongoing talent shortage, it is more important than ever for employers to effectively communicate their value proposition to employees.
