Did the Trump administration change rules to help employers contest unionization efforts?

Thursday, January 7, 2021
By Austin Tannenbaum

The National Labor Relations Board in late 2019 updated rules governing union-organizing efforts to lengthen timetables, allowing more time for employers to contest the merits and scope of efforts by workers to gain union representation. The new rule did not roll back all of a set of union-friendly changes made in 2014 under the Obama administration, but was “nonetheless an improvement for employers,” an Iowa employment lawyer noted.

Bloomberg Law notes that the impact of the changes in 2020 was clouded by a legal challenge to their implementation and by disruptions from the pandemic. Even so, the union “win” rate fell in 2020 to 70% from 75% the prior year, and was the lowest since 2014. The data lend support to the idea that “shorter elections favor unions while longer ones help management,” it reported.

This Fact Brief is responsive to conversations such as this one.
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Lab. Over the course of these two years, Gigafact Lab writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Lab reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.