Union Membership Increasing

By Ted Olsen


The percentage of private and public sector employees who were members of labor unions in 2008 rose to 12.4 percent, an increase of 0.3 percentage points from 12.1 percent in 2007, according to the U.S. Bureau of Labor Statistics.  Not only was 2008 the second consecutive year in which union membership has risen, the increase was the largest since 1983, the earliest year for which comparable data is available, according to the Center for Economic and Policy Research. 

Illustrative of the growing strength of unions was the filing of 62 separate petitions on one day by the National Union of Healthcare Workers with the National Labor Relations Board.  The union had been formed only five days earlier.  The petitions seek elections for nearly 9,000 health care workers at 51 nursing homes and 11 hospitals in California.

Employers operating without unions should be aware of these trends and take appropriate actions, assuming they wish to continue on a non-union basis.  Union efforts to push for enactment of the Employee Free Choice Act will likely stimulate further employee organizing attempts.  No non-union employer should assume that past employee indifference toward (or even opposition to) union representation will continue without positive ongoing employee relations practices and systems.

Sherman & Howard is unique, in that its Labor & Employment Law Department includes a large number of attorneys who, collectively, have more than 150 years of experience dealing with union adversaries in such labor-management disputes.  These lawyers are available to assist employers that face union organizational campaigns.

Sherman & Howard has prepared this advisory to provide general information on recent legal development that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney-client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation.

© 2009 Sherman & Howard L.L.C.                                                February 6, 2009