During the 2023 federal fiscal year, the National Labor Relations Board (NLRB) received a three percent increase in union petitions over the previous fiscal year and a ten percent increase in unfair labor practices. As a result, various labor strikes and NLRB decisions significantly affected labor relations throughout the year, as shown by the following events.
Big Labor Strikes Major Deals, Focuses on Union Organizing in 2024
Big labor will likely focus on union organizing in 2024 after big wins between United Auto Workers (UAW) and Ford, General Motors, and Stellantis. Likewise, Teamsters struck a big deal with UPS. Whether these victories translate into organizing success for workers at other large companies like Amazon and Tesla remains unclear.
Congress Reaches No Consensus on Conflicting Union-Related Legislation
Unsurprisingly, members of Congress debated differing bills on union rights. Republicans supported the National Right to Work Act, which prevents labor unions from collecting union dues from workers who don't want to belong to the union. On the other hand, Democrats rallied behind the Richard L. Trumka Protecting the Right to Organize (PRO) Act, which would overturn laws in 28 states, providing that workers cannot be forced to join unions or pay union dues as a condition of their employment. Among other provisions, the PRO Act would prevent employees from holding captive-audience meetings with employees to discuss unions and replace secret-ballot union elections with card-check elections. Neither bill passed in either the Senate or the House.
Hollywood Actors and Writers End Strike
Hollywood actors and writers both went on strike, effectively shutting down television and movie production for four months. In late September, writers returned to work after reaching a deal. Likewise, in November, the Screen Actors Guild-American Federation of Television and Radio Artists announced a tentative deal with the Alliance of Motion Picture and Television Producers. The two deals focused on increasing compensation, increasing residual payments for streaming content, and limiting the use of artificial intelligence.
U.S. Supreme Court Rules Strikes Harming Property Are Illegal
The U.S. Supreme Court recently ruled in Glacier Northwest v. International Brotherhood of Teamsters. In that case, the Court ruled that unions may be subject to significant penalties if labor strikes damage an employer's property. Under the court's ruling, striking workers must take reasonable precautions to avoid foreseeable, imminent harm to the employer's property.
NLRB Changes Rules for Union Recognition by Employer
The NLRB issued a ruling stating that when a union requests recognition from an employer based on a card check, the employer must either recognize the union or file a petition seeking a union election. Previously, under these circumstances, the employer could decline recognition, thus forcing the union to file a petition with the NLRB.
In a separate ruling, the NLRB found that an employer violated the National Labor Relations Act (NLRA) when it maintained certain employee rules relating to personal conduct, conflicts of interest, and confidentiality of harassment complaints. In its decision, the NLRB announced a new standard for evaluating work rules for compliance with the NLRA.
Michigan Repeals Right-to-Work Law
As of February 2024, Michigan will be the first state in nearly 60 years to repeal its right-to-work law. Right-to-work laws prevent unions from requiring workers to pay union dues as conditions of their employment.
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