The prevalence of unfair labor practice (ULP) charges in union elections varies by the size of the bargaining unit: Share of completed union elections with a ULP charge against the employer, by size of potential bargaining unit, for completed elections for which a petition was filed or the election was completed in 2016–2017

Bargaining unit size Share of elections
10 or fewer employees 35.5%
11–25 employees 36.4%
26–60 employees 44.3%
61+ employees 54.4%

Notes: ULP charges are charges that an employer violated the terms of the National Labor Relations Act (Section 8(a) of the labor code) by interfering with workers’ rights to form a union and bargain collectively. Data by bargaining unit size are available for only for those elections that were completed by the time we obtained the data in 2018.

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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