Union membership in the U.S. private sector sits at roughly 6%, a historical low, but 2022 to 2026 saw a sharp uptick in organizing activity across retail, tech, healthcare, and professional services. The NLRB reported that union election petitions hit a 10-year high in fiscal 2023, with growth continuing through 2025. Whether your workforce is likely to unionize depends on industry, geography, wage positioning, and the quality of the day-to-day employment relationship. Either way, knowing how unions work, what protections employees have under the NLRA, and what obligations employers face when a union drive begins is basic HR literacy in 2026.
What Labor Unions Do Unions collectively bargain on behalf of their members over wages, hours, benefits, and working conditions. The resulting collective bargaining agreement (CBA) is a contract that governs the employment relationship for the union's members, typically for three to five years.
Unions also represent members in grievances, advocate for policy changes, and provide training, legal defense, and political representation. Member dues fund union operations; under most state laws, non-members in unionized workplaces may pay reduced dues for the representational functions only (called fair-share fees, though their legality varies by state).
How a Union Forms at a Workplace The standard path: a group of employees signs authorization cards showing interest in union representation. When at least 30% of the bargaining unit has signed, the union can file a petition with the NLRB. The NLRB schedules a representation election, typically within 30 to 60 days of the petition. A majority vote in favor results in NLRB certification and the start of CBA negotiations.
Alternative paths include voluntary recognition (the employer agrees to recognize the union based on authorization cards without an election) and card-check neutrality agreements (typically negotiated at a corporate level, often with industry-level pattern agreements).
What Are Employees' Rights During a Union Campaign? Section 7 of the NLRA protects employees' right to discuss union representation with coworkers on non-work time and to solicit support during non-work time. Employers can share their views on unionization but can't threaten retaliation, promise benefits for voting against, interrogate employees about union support, or surveil employee activity. These are known collectively as TIPS violations and are the most common source of ULP charges during campaigns.
What a Collective Bargaining Agreement Actually Covers Wages and wage progression. Hours, scheduling, overtime, and shift differentials. Benefits, including healthcare, retirement, and paid leave. Job classifications and seniority. Grievance and arbitration procedures. Disciplinary processes, including just-cause requirements. Layoff procedures, including bumping rights and recall. And management rights, including the scope of unilateral employer authority.
CBAs typically run 50 to 200 pages in smaller bargaining units and significantly longer in industries like auto, airlines, or building trades.
Running a Workplace With a Union Relationship Labor relations is a distinct discipline from general HR. Managers in unionized workplaces need specific training on the CBA, on Weingarten rights (employees' right to union representation in investigatory interviews that might result in discipline), and on the grievance process. HR teams typically maintain a labor relations function (in-house or outsourced) that handles negotiations, grievances, and arbitrations.
Pair labor relations management with clear employee handbook carve-outs for union workers, consistent disciplinary action standards, and a well-documented grievance process. Reference the NLRB for current election data and enforcement priorities and the BLS Union Members annual release for union membership statistics by industry, state, and demographic group.
.svg)
.svg)
