On Tuesday, the National Labor Relations Board (NLRB) released its year-end report detailing its summary of operations for fiscal year 2009. A copy of this report can be downloaded from the agency’s press release (pdf) on this subject. According to this report, while the agency’s caseload remained steady, union representation election petitions dropped dramatically from the previous year, while unfair labor practices increased slightly. Specifically, the total number of unfair labor practice (ULP) charges and representation petitions filed for FY 2009 came to 25,853, compared to 25,901 in FY 2008. Of the overall case intake, unfair labor practice case intake was 22,941, a 1.96 percent increase from the previous year. However, the total intake for representation cases this year equaled 2,912, a 14.4 percent decline from the previous year’s tally of 3,400. In addition, the NLRB conducted 1,690 initial representation elections in FY 2009, 395 fewer than in 2008, amounting to a nearly 19 percent decrease. The drop in petitions is likely due, at least in part, to the proposed Employee Free Choice Act (EFCA), which, if enacted as currently written, would make it substantially easier for unions to be certified as the employees’ collective bargaining representative. It is possible that unions are holding out hope for EFCA’s passage before initiating any new organizing drives.

Of special note in the report was the fact that 95.5 percent of all initial elections in FY 2009 were conducted within 56 days of the filing of the petition. Additionally, initial elections in union representation elections were conducted in a median of 37 days from the filing of the petition.

Littler Shareholder Ilyse Schuman commented that: “The report is particularly telling in that unfair labor cases only marginally increased while the Board saw more dramatic decreases in representation cases, suggesting both a continued decline in union organizing as well as the prospect of EFCA passage to facilitate these organizing efforts.”

The NLRB claims that it reached all three of its over overarching goals, closing 84.35 percent of all representation cases within 100 days, 70.93 percent of all unfair labor practice cases within 120 days, and 79.69 percent of all meritorious unfair labor practice cases within 365 days. The agency intends to increase its target goals for FY 2010.

Other highlights of the report include the following:

• A 95.2 percent settlement rate was achieved in the Regional Offices in meritorious unfair labor practice cases.
• NLRB Regional Offices won 89.8 percent of Board and Administrative Law Judge unfair labor practice and compliance decisions in whole or in part in FY 2009.
• A total of $77,611,322 was recovered on behalf of employees as backpay or reimbursement of fees, dues, and fines, with 1,549 employees offered reinstatement.

More details of the NLRB’s year-end activities can be found in the agency’s Performance & Accountability Report for Fiscal Year 2009 (pdf).

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