Employers are charged with an unfair labor practice (ULP) in four out of 10 union elections: Share of all union elections with a ULP charge against the employer, by type of charge, for elections for which a petition was filed or the election was completed in 2016–2017

ULP type Share of elections
Any charge 41.5%
8(a)(1): Threatened, coerced, retaliated 29.2%
8(a)(3): Disciplined, fired, changed work terms 29.3%
8(a)(5): Refused to bargain, repudiated contract 27.0%

Notes: ULP charges are charges that an employer violated Section 8(a) of the labor code by interfering with workers’ rights to form a union and bargain collectively. Specific charge types 8(a)(1), 8(a)(3), and 8(a)(5) refer to sections of the labor code governing these rights. “Any charge” refers to any violation of Section 8(a) of the labor code (parts 1–5).

Source: Reprinted from Figure A in McNicholas et al. 2019. 

View the underlying data on epi.org.