The National Labor Relations Board (NLRB) recently reported a significant increase in the number of alleged labor violations, as well as a smaller increase in union drives.

At least 22,448 cases of unfair labor practices were filed with the agency from Oct. 1, 2022, to Sept. 30, 2023, representing a 10 percent increase from the previous fiscal year. This was the highest number of cases filed since fiscal year 2016.

Examples of unfair labor practices include:

• Threatening workers with the loss of jobs or benefits if they unionize.
• Questioning workers about their union activities.
• Firing or discriminating against workers because of their union activity.
• Making false statements to workers seeking to unionize.
• Refusing to bargain collectively with the union.
• Closing a plant or factory because it voted to unionize.
  

"Increased charge filings are part and parcel of increased union efforts across the country and a likely result of greater union activity," said Aaron Vance, an attorney with Barnes & Thornburg in Indianapolis. "The more organizing there is, the more unfair labor practice charges that will be filed related to those drives."

Another factor may be the NLRB's priorities and policy changes. The NLRB "has not only signaled its willingness to expand what it considers protected activity under the NLRA [National Labor Relations Act], but has made good on those promises with many of its recent decisions concerning employee handbooks, dress codes and workplace conduct....

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