Union Representation Petitions Continue to Increase in FY 2022 Under Biden Administration

President Joe Biden promised during his presidential campaign to be “the most pro-union president you’ve ever seen,” so it should be no surprise that there has been an uptick in union activity before the National Labor Relations Board (NLRB or the “Board”).

In a press release issued on July 15, 2022, the Board announced an increase in the number of union representation petitions filed at the NLRB. The Board reported that during the first nine months of fiscal year (FY) 2022 (October 1, 2021–June 30, 2022) 1,892 union representation petitions were filed at the NLRB—a 58 percent increase over the number of petitions filed in the first three quarters of FY 2021 (1,197) and a total surpassing the number of union representation petitions filed in FY 2021 (1,269). In fact, the number of petitions filed in the first three quarters of FY 2022 was greater than the annual number of petitions filed in each of the last five fiscal years. The regions with the highest level of election activity during the first three quarters of FY 2022 included Region 05 (Baltimore), Region 13 (Chicago), Region 18 (Minneapolis), Region 19 (Seattle), and Region 21 (Los Angeles). In addition, the number of unfair labor practice (ULP) charges filed at the Board in the first nine months of FY 2022 increased by 16 percent—up to 12,819 from 11,082—over the number of ULP charges filed during the same period in FY 2021.

According to the U.S. Bureau of Labor Statistics, in 2021 the percentage of U.S workers, including public- and private-sector workers, who were members of unions was 10.3 percent—a half point decline from the 10.8 percent unionization rate in 2020. Within the private sector, the unionization rate declined by 0.2 percent in 2021 to 6.1 percent. The degree to which union activity in 2022 with an aggressively labor-friendly NLRB general counsel and a majority Biden appointed Labor Board moves the needle for union membership is yet to be determined.

Stay tuned to Ogletree Deakins’ Traditional Labor Relations blog for more information on labor activity and changing labor law policies under the Biden administration. Important information for employers is also available via the firm’s webinar and podcast programs.

MSHA Initiates Enforcement Review of Elevator Safety at Cement Operations

In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations around the country. According to MSHA management, the specific focus of these reviews, which are conducted in conjunction with regular inspection visits, is to determine the status of operator compliance with the personnel hoisting inspection and maintenance requirements at 30 C.F.R. §§ 56.19120 and 56.19121.

Portland’s New Ban-the-Box Ordinance Imposes Stricter Rules Than State Law

On November 25, 2015, the Portland City Council passed an ordinance restricting an employer’s ability to inquire regarding a job applicant’s criminal history. As of July 1, 2016, Portland employers with six or more employees will be prohibited from soliciting information regarding an applicant’s criminal background at any time prior to making a conditional offer of employment. If an employer makes a conditional offer and a subsequent background check reveals a criminal past, the employer may rescind the offer only after assessing the nature and gravity of the offense, the time elapsed since the offense, and the nature of the employment held or sought by the applicant.

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement, which has increased in momentum in the Commonwealth since Democrats gained a majority in the legislature, culminated in February 2021, when the General Assembly passed recreational legalization measures with an effective date of January 2024.

Recommended Reading

MSHA Initiates Enforcement Review of Elevator Safety at Cement Operations

Portland’s New Ban-the-Box Ordinance Imposes Stricter Rules Than State Law

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections