Illegal firings charges occur in 20–30% of union elections: Share of union elections with an illegal firing charge, by definition of 'firing' and by size of potential bargaining unit, for elections for which a petition was filed or the election was completed in 2016–2017

Firing, narrowly defined Firing, broadly defined
All sizes (all elections) 19.9% 9.8%
61+ employees (completed elections only) 27.2% 14.1%

Notes: “All sizes” estimates are based on all election data from calendar years 2016–2017, whether the elections were already completed or not by the time we obtained the data, while “61+ employees” estimates are based on data for elections that had been completed by the time we obtained the data in 2018 (data by bargaining unit size are available only for completed elections). “Narrowly defined” refers only to unfair labor practice charges in the category “Discharge (including layoff and refusal to hire (not salting))” in Section 8(a)(3) of the labor code. “Broadly defined” also includes ULP charges in the categories “Concerted activities (retaliation, discharge, discipline)” (from Section 8(a)(1)) and “Changes in terms and conditions of employment” (from Sections 8(a)(3) and 8(a)(4)).

Source: Authors’ analysis of National Labor Relations Board election data for calendar years 2016–2017 and ULP filings from fiscal years 2015–2018

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