[US] Employers charged with breaking federal labour law in 4 in 10 elections

In the US, employers are being charged with breaking the law in a huge portion of union elections, according to a new analysis, as union membership reaches a record low in the nation, Truthout reports.

Analysis from the Economic Policy Institute (EPI) revealed that employers were charged with breaking the law in 39 per cent of union elections filed with the National Labor Relations Board (NLRB) between 2019 and 2022.

The charges reportedly cover a variety of illegal union-busting tactics. In around one in four elections, employers were charged with disciplining and firing workers or changing work terms. Employers were charged with threatening, coercing or retaliating against workers in a union drive and refusing to bargain with workers at roughly the same rate.

The EPI found that employers were most likely to be charged with illegal conduct in union elections involving a larger bargaining unit; in elections with a unit of more than 50 employees, employers were charged with breaking the law nearly 50 per cent of the time.

This rate of alleged illegal union busting approximately lines up with analyses of previous years; previously the EPI reportedly found that employers were charged with breaking the law in over 40 per cent of the more than 3,200 union elections conducted between 2016 and 2017.

The data showcases how union-busting employers often disregard labour laws in union drives, however, the authors stated that it is not comprehensive in demonstrating the full width of illegal anti-union actions.

“The data doesn’t show the extent of employer aggression because missing from the numbers are attempts by management to suppress unionization before workers even get a chance to hold an election,” the authors wrote.

In fact, unionisation rates in the US have hit a record low. In 2022, the proportion of workers belonging to a union dropped to just 10.1 per cent, the lowest rate on record, according to Bureau of Labor Statistics data. This is despite the labour movement surging and public approval of unions hitting a more than 50-year high.

“Labor law in the U.S. fails to prevent private-sector employers from engaging in aggressive tactics that coerce and intimidate workers and prevent them from unionizing,” the authors said.

Labour advocates have for some time said that employers break labour law so often in union drives because of lax labour regulations. Employers reportedly exploit the weakness of labour laws at every step of the unionisation process, applying both legal and illegal tactics including promising better benefits when workers mention unionising, firing workers for speaking out for the union and even entirely shuttering unionising departments and locations where workers are organising.

The NLRB has reportedly tried to implement remedies for workers to discourage companies from illegal union busting, however, the agency can only go so far pursuant to its jurisdiction under the National Labor Relations Act. What remains is a labour code that demonstrably favours employers, labour advocates say, with very mild penalties for illegal anti-labour conduct and little incentive for employers to not break the law.

Progressive lawmakers have reportedly rallied behind the Protecting the Right to Organize (PRO) Act. The bill would potentially upend the current labour climate by implementing a wide range of reforms in favour of workers and their right to form a union. But conservative opposition to the bill and a strong right-wing, business-funded lobby against it mean there is scant chance of the bill passing in the near future.

Source: Truthout

(Links and quotes via original reporting)

In the US, employers are being charged with breaking the law in a huge portion of union elections, according to a new analysis, as union membership reaches a record low in the nation, Truthout reports.

Analysis from the Economic Policy Institute (EPI) revealed that employers were charged with breaking the law in 39 per cent of union elections filed with the National Labor Relations Board (NLRB) between 2019 and 2022.

The charges reportedly cover a variety of illegal union-busting tactics. In around one in four elections, employers were charged with disciplining and firing workers or changing work terms. Employers were charged with threatening, coercing or retaliating against workers in a union drive and refusing to bargain with workers at roughly the same rate.

The EPI found that employers were most likely to be charged with illegal conduct in union elections involving a larger bargaining unit; in elections with a unit of more than 50 employees, employers were charged with breaking the law nearly 50 per cent of the time.

This rate of alleged illegal union busting approximately lines up with analyses of previous years; previously the EPI reportedly found that employers were charged with breaking the law in over 40 per cent of the more than 3,200 union elections conducted between 2016 and 2017.

The data showcases how union-busting employers often disregard labour laws in union drives, however, the authors stated that it is not comprehensive in demonstrating the full width of illegal anti-union actions.

“The data doesn’t show the extent of employer aggression because missing from the numbers are attempts by management to suppress unionization before workers even get a chance to hold an election,” the authors wrote.

In fact, unionisation rates in the US have hit a record low. In 2022, the proportion of workers belonging to a union dropped to just 10.1 per cent, the lowest rate on record, according to Bureau of Labor Statistics data. This is despite the labour movement surging and public approval of unions hitting a more than 50-year high.

“Labor law in the U.S. fails to prevent private-sector employers from engaging in aggressive tactics that coerce and intimidate workers and prevent them from unionizing,” the authors said.

Labour advocates have for some time said that employers break labour law so often in union drives because of lax labour regulations. Employers reportedly exploit the weakness of labour laws at every step of the unionisation process, applying both legal and illegal tactics including promising better benefits when workers mention unionising, firing workers for speaking out for the union and even entirely shuttering unionising departments and locations where workers are organising.

The NLRB has reportedly tried to implement remedies for workers to discourage companies from illegal union busting, however, the agency can only go so far pursuant to its jurisdiction under the National Labor Relations Act. What remains is a labour code that demonstrably favours employers, labour advocates say, with very mild penalties for illegal anti-labour conduct and little incentive for employers to not break the law.

Progressive lawmakers have reportedly rallied behind the Protecting the Right to Organize (PRO) Act. The bill would potentially upend the current labour climate by implementing a wide range of reforms in favour of workers and their right to form a union. But conservative opposition to the bill and a strong right-wing, business-funded lobby against it mean there is scant chance of the bill passing in the near future.

Source: Truthout

(Links and quotes via original reporting)