Figure B
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 |
|---|---|
| 9 or fewer employees | 30.2% |
| 10–24 employees | 38.4% |
| 25–49 employees | 39.6% |
| 50+ employees | 48.4% |
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 2022.
Source: Authors’ analysis of National Labor Relations Board election data for 2020–2022 and ULP filings from 2019–2022.
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