In 1981, then President Ronald Reagan fired all 11,359 air traffic controllers. That event, though in the public sector, cast a damper on unions across the country. In the 1950’s union density, i.e. the number of persons who were members of or served by union, was about 35%. Today it has fallen to less than 10%. The 2021 data from the Bureau of Labor Statistics shows overall unionization, including both public and private sector, to be10.3%, down from 10.8% a year earlier. Only 6% of private sector employees were represented by unions.
The U.S. union density stands in stark contrast to the rest of the world, where unionization is not denigrated in the way it often is in the United States. For example, union density in Iceland is 90.4%, in Italy it is 34.3%, and in Canada it is 25.9%.
There have been multiple causes of union decline, including decreased manufacturing in the United States, global competition, and labor decisions by a pro employer Labor Board. The biggest cause may be entrenched employer opposition to unions, an attitude showing in the 1981 action by then President Reagan.
Recently, however, there has been a reawakening of unions and unionization. It appears to have begun with the Retail Workers (the “RWDSU” or the “Union”) attempt to organize employees at an Amazon warehouse in Bessemer, Alabama. The Union lost the election with employees voting 2 to 1 against unionization, but the Union promptly filed unfair labor practice and election interference charges with the National Labor Relations Board. The Board ordered a new election.
The second election was held in March and again the Union lost by a vote of 993 to 875, though 2375 ballots were cast. Interestingly 6,153 were eligible to vote. At the moment we have no data as to why so many persons refrained from voting. Many ballots have been challenged, so the final vote cannot be determined until the NLRB holds a hearing to examine the challenged ballots.
Once again the union charged Amazon with unlawful interference with the election so it appears the election could be run again. Among other things, the Union has charged Amazon with suspending an employee whose photograph with evidence of the employee’s support for the Union appeared on union literature. The RWDSU also says a supervisor retaliated against employees for wearing pro-union buttons and expressing support for the Union, one going so far to tell a pro-union employee not to speak to her because “she’s with the devil.” The Union also alleges that Amazon threatened to close the warehouse if the employees voted for the Union, all of which actions are unlawful under the National Labor Relations Act.
Amazon has also used captive audience meetings, where employees on work time are obligated to attend meetings in which Amazon spoke to them about why they should not join the Union.
In the meantime, one Amazon warehouse on Staten Island has been unionized by a clear vote of the employees. The employees were organized around a union created in house for a specific warehouse. They cleverly solicited employees to support the union by setting up an operation just outside the Amazon property.
Amazon’s tactics are not new or unusual. They are quite common in union campaigns, although the current General Counsel of the NLRB is seeking to restrict the acts of employers to a far greater extent than her predecessors of recent years.
Not so long ago, the idea of organizing a union in any Amazon facility would have sounded like a pipe dream. Now, however, one warehouse stands as a symbol of success so Amazon may no longer be seen as impenetrable.
In the meantime, Starbucks stores are being unionized one by one at amazing speed.
There is an old adage among labor lawyers: “Show me a strong union and I will show you bad management.” Although Starbucks has long been viewed as a good employer, the union drives have shown another side of Starbucks. The adage may simple be universally true.
Labor and Employment Law: Current Developments 
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