The Electrical Worker online
December 2024

Spike in Union Election Petitions Shows
Labor's Momentum as Political Threats Build
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Petitions for union elections in the U.S. jumped 27% in the last year, doubling the low point of the first Trump term, according to data from the National Labor Relations Board.

The figures prove that workplace activism is flourishing under the Biden-Harris administration and underscore how much the labor movement stands to lose in the next four years as a new Trump administration takes aim at labor rights.

The current NLRB has encouraged union certification elections and is acting on petitions as quickly as possible, said Professional & Organizing Director Joe DiMichele.

"There is more interest because we are in a time where it is favorable to join a union," DiMichele said. "Thankfully, the Biden-Harris administration and its changing of the [NLRB] general counsel from a union buster to someone making sure workers' rights are protected has had a big impact."

The NLRB under the incoming Trump administration is likely to replace labor-friendly General Counsel Jennifer Abruzzo with a new union buster and roll back the board's advances of the past four years. Under the first Trump administration, petitions for union elections steadily eroded, reaching a low of 1,638 in the fiscal year that ended Sept. 30, 2021.

This year, the board reported 3,286 election petitions, compared to 2,593 petitions during the 2023 fiscal year.

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"Now that the election results are in, we will continue to fight for the rights of labor and working-class families. It just means we have to work harder and build solidarity across communities. Every employee deserves safety, dignity, equality, benefits, good working conditions and a livable wage," DiMichele said. "We are not afraid of hard work, especially when it comes to protecting workers rights."

There also was a 7% increase in the number of unfair labor practice charge filings in fiscal 2024, to 21,292. The total of 24,578 cases involving election petitions and unfair labor charges is the NLRB's highest case intake in more than a decade.

DiMichele said the rise in election petitions is persuading more employers to voluntarily recognize unions.

"The surge in cases we've received in the last few years is a testament to workers knowing and exercising their rights under the National Labor Relations Act," Abruzzo said. "Our committed and talented NLRB staff continue to process cases with professionalism and care, despite working with limited resources."

Abruzzo, former counsel to the Communications Workers of America, was selected by Biden in February 2021 after he fired General Counsel Peter Robb, an anti-labor lawyer and a holdover from President Donald Trump's administration.

Trump's victory will lead to an almost immediate attack on the NLRB and workers' rights in general, said DiMichele, a longtime field organizer before moving into this current position in 2023.

Among many anti-union items in Project 2025, the 920-page guidebook for a second Trump term compiled largely by participants in his first administration, are provisions to gut overtime, encourage employer "unions" and weaken the ability of the NLRB to enforce labor laws.

That will curb organizing rights in all unions, including the IBEW, and undercut bargaining power for current union members and their families.

"I remember days when I was still an organizer and we would call the board during the Trump administration to have a discussion with an agent and they would not talk to us," DiMichele said. "They would not call us back. Everything would shut down."

The NLRB issued 259 decisions on unfair labor practice and representation cases, a 5% increase over the previous fiscal year.

But it still faces a backlog in cases. It ended the fiscal year with 288 pending, an increase of 197 from the previous year.

The backlog would only grow under an administration that isn't committed to providing additional resources to the NLRB.

"The NLRB's dedicated employees have worked hard this year to process cases effectively,' board Chairman Lauren McFerran said. "Additional resources are necessary to enable the board to expand staffing capacity and ensure that workers, employers and unions that rely on our agency benefit from timely resolution of their labor disputes."

DiMichele is concerned about what Trump's election means to the NLRB, but he hopes the momentum of the last four years shows the value of unions to politicians from both parties.

"The people we organize often live from paycheck to paycheck," he said. "It can be pretty scary for them. As an organizer, you have their livelihood in your hands. Having the best system in place to protect them makes them more comfortable to organize."