On October 14, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release confirming the continued increase in union organizing efforts.  While the NLRB did not attribute any particular reason for the upward trajectory in petition filings, this trend, which has sharply risen over the last couple of years is likely due to a combination of a number of factors including more aggressive union organizing drives, the Cemex decision (discussed here and here) and the implementation of the quicker election rules (discussed here) that have made it far easier for unions to organize. 

Representation petitions requesting that the NLRB conduct a secret-ballot election to determine whether the employees wish to be represented by a union increased by 27% increase from October 1, 2023 to September 30, 2024. The increase from 2,593 petitions in FY 2023 to 3,286 petitions in FY 2024 puts FY 2024 at more than double the number of petitions the NLRB received just three years ago, in FY 2021.

With the rise in petitions, also came a rise in unfair labor practice charge filings, which increased a bit more modestly, 7% from FY 2023 to FY 2024. NLRB General Counsel Jennifer Abruzzo credited the surge in cases to “workers knowing and exercising their rights under the National Labor Relations Act” and to “board agents’ accessibility and respectful engagement with them.” The release also noted an increase in the NLRB’s adjudication productivity which rose 5% from FY 2023 to FY 2024.

In addressing the NLRB’s financial situation, the release states that although the agency received a $25 million increase from Congress in FY 2023, in FY 2024 Congress flat-funded the Board at $299.2 million despite the need for more resources. GC Abruzzo made a plea to Congress to increase the agency’s funding: “Our committed and talented NLRB staff continue to process cases with professionalism and care, despite working with limited resources.  I urge Congress to fully fund the NLRB so that employers, unions, and workers receive prompt and meaningful case resolutions.”

We will continue to keep you update on all the latest developments at the NLRB.

Photo of Shanice Z. Smith-Banks Shanice Z. Smith-Banks

Shanice is an associate in the Labor and Employment Law Department. Her practice involves litigating claims of unlawful discrimination, harassment, retaliation and whistleblowing. Shanice assists in conducting workplace investigations related to discrimination, harassment, and retaliation. She also counsels clients from a variety of…

Shanice is an associate in the Labor and Employment Law Department. Her practice involves litigating claims of unlawful discrimination, harassment, retaliation and whistleblowing. Shanice assists in conducting workplace investigations related to discrimination, harassment, and retaliation. She also counsels clients from a variety of fields on a range of employment matters.

Shanice earned her J.D. from Loyola University New Orleans College of Law, where she was a Managing Editor of the Loyola University Journal of Public Interest Law and a member of the Trial Advocacy program. Immediately upon graduation from Loyola, Shanice argued a case on behalf of the Loyola Criminal Defense Law Clinic in front of the Louisiana Supreme Court.

Photo of Joshua Fox Joshua Fox

Joshua S. Fox is an associate in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups.

As a member of the Sports Law Group, Josh has represented several Major…

Joshua S. Fox is an associate in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups.

As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays. In particular, Josh assisted with the successful representation of the Toronto Blue Jays in their case against All-Star Josh Donaldson, which was the largest club victory in salary arbitration in recent years. Josh also represents Major League Baseball and its clubs in ongoing litigation brought by current and former minor league players who allege minimum wage and overtime violations, as well as similar claims brought on behalf of scouts. Josh participated on the team that successfully defended Major League Baseball in a wage-and-hour lawsuit brought by a former volunteer for the 2013 All-Star FanFest, who alleged minimum wage violations under federal and state law. The lawsuit was dismissed by the federal district court, and was affirmed by the U.S. Court of Appeals for the Second Circuit.

Photo of Paul Salvatore Paul Salvatore

Paul Salvatore provides strategic labor and employment law advice to companies, boards of directors, senior executives and general counsel in such areas as labor-management relations, major litigation, alternative dispute resolution, international labor and employment issues, and corporate transactions.

Paul negotiates major collective bargaining…

Paul Salvatore provides strategic labor and employment law advice to companies, boards of directors, senior executives and general counsel in such areas as labor-management relations, major litigation, alternative dispute resolution, international labor and employment issues, and corporate transactions.

Paul negotiates major collective bargaining agreements in several industries, including real estate and construction. In 2015, he represented the NYC real estate industry’s multi-employer organization, The Realty Advisory Board on Labor Relations (RAB), in its $8 billion collective bargaining agreements with SEIU Local 32BJ. Paul also represented the Cement League, a multiemployer group of NYC area superstructure contractors, in halting an illegal strike by the Carpenters Union and negotiating a significant new collective bargaining agreement. He previously negotiated, on behalf of The Related Companies with 18 New York City construction unions, a landmark project labor agreement (PLA) for Hudson Yards on Manhattan’s West Side, the largest private real estate development in U.S. history.

Photo of Steven Porzio Steven Porzio

Steven J. Porzio is a partner in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. Steve assists both unionized and union-free clients with a full range of labor and employee relations matters. He represents employers in contract…

Steven J. Porzio is a partner in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. Steve assists both unionized and union-free clients with a full range of labor and employee relations matters. He represents employers in contract negotiations, arbitrations, and representation and unfair labor practice cases before the National Labor Relations Board.

Steve has experience conducting vulnerability assessments and providing management training in union and litigation avoidance, leave management, wage and hour, and hiring and firing practices. He provides strategic and legal advice in certification and decertification elections, union organizing drives, corporate campaigns, picketing and union contract campaigns. Steve has represented employers in a number of different industries, including higher education, health care, construction and manufacturing in successful efforts against unions in election and corporate campaigns.

In addition to his traditional labor law work, Steve assists companies with handbook and personnel policy drafting and review, daily management of employee disciplines and terminations, and general advice and counsel on compliance with federal and state employment laws.