Unions Finally Catch a (Small) Break

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.

The NLRB, protector of management rights when Republicans are in charge and protector of labor rights when Democrats are in charge, announced today that it plans to change the rules governing union recognition elections in order to “curb unnecessary litigation, streamline procedures before and after elections, and enable the use of electronic communications, such as requiring employers to give union organizers access to electronic files containing workers’ addresses and emails.” Sounds boring. So why should you care? I’ll let Peter Kirsanow, an avowed labor-phobe, explain:

In a nutshell, the NLRB’s proposed rules would implement “quickie elections,” a process that would allow unions to organize a workplace as easily as they could have had the Employee Free Choice Act (also known as “card check”) passed.

This is a very big deal….Right now, initial elections normally are conducted within 38–40 days of the filing of a petition by the union….That’s not much time for the employer to get his message out. Indeed, in 2009 and 2010 unions won approximately 68 percent of elections (this does not include the number of petitions withdrawn by unions). Yet the “quickie election” rules proposed by the NLRB will shorten the time frame to a mere 10–20 days. Make absolutely no mistake: That’s not enough time for even the largest and most sophisticated employers to counter what the union has been telling employees while organizing them for the last 6–8 months. The union win rate will far exceed 68 percent. In fact, it’s likely that many employers will choose to not even go through the expense of an election that he’s sure to lose, but will simply voluntarily recognize the union upon a showing of authorization cards.

Sounds good to me! And don’t get too excited about that two-thirds rate of union victories, either. It’s true that in 2009 unions won 66% of all NLRB elections compared to 51% in 1997, but that’s 66% of 1,304 elections compared to 51% of 3,261 elections. Contra Kirsanow, organizing a new workplace has gotten so hard in recent years thanks to corporate-friendly NLRB rule changes and increasingly aggressive union avoidance campaigns, that unions simply don’t bother waging all that many recognition elections anymore. They know that most of them are hopeless. The result is that the net number of election wins has dropped nearly in half in just the last decade alone.

That’s not good enough for Kirsanow and his allies, of course, who would like unions to disappear completely. But among workers themselves, the anti-union skepticism of the 70s and 80s has mostly disappeared in the face of stagnant wages and skyrocketing executive pay. Survey research a few years ago by Harvard’s Richard Freeman suggests that “if workers were provided the union representation they desired in 2005, then the unionization rate would be about 58%” — almost eight times higher than the actual private sector rate of 7.4%. The fact that so many workers would welcome union representation but don’t have it is compelling evidence that far from being unfair to management, the current legal regime for union elections is tilted dramatically in their favor. For workers, rule changes that slightly reduced that tilt and once again gave unions a fighting chance to organize workplaces would be a welcome change.

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate