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NLRB’s “quickie election” rule changes are having no impact on union election wins

December 19th, 2017  |  David Stephanides

The NLRB reported in December 2017 that the number of union-filed representation petitions fell to 1193 in FY 2017 (Oct. 1, 2016 to Sept. 31, 2017), down from 1299 in FY 2016. Unions won 71 percent of the petitioned-for elections, down from 72 percent in FY 2016. However, over 92,000 eligible employees voted in FY 2017, up from over 86,000 in 2016.

There were 172 decertification petitions filed over the same period, with employers winning 68 percent of the elections. In FY 2016, there were also 172 decertification petitions, with employers winning 61 percent of the elections.

Representation petitions filed by employers rose to 26 in FY 2017 from 25 in FY 2016. Unions won 30 percent of the elections versus 32 percent in 2016.

In his dissent to the proposed rule published June 22, 2011, Board Member Brian Hayes stated that, “In truth, the ‘problem’ which my colleagues seek to address through these rule revisions is not that the representation election process generally takes too long. It is that unions are not winning more elections.” As these statistics demonstrate, the election rule changes are not driving up the number of election wins, if that was indeed its intended purpose.

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