NLRB Enforcement Numbers Show Sharp Increase In ULP Charges

November 15, 2023

What's New

The number of unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB) by workers and their union representatives increased by 30% over the last two years, according to NLRB enforcement data for fiscal year 2023.

The NLRB received 19,869 ULP charges in FY 2023, an increase of 10.4% over FY 2022 and the highest number of charges filed since FY 2016.

What It Means

The NLRB’s annual enforcement numbers over the last ten years show a clear correlation between Democratic-appointed Board majorities (which tend to be more union-friendly), and Republican-appointed majorities (which tend to be more management-friendly).

ULP charges are usually settled by agreement between the parties. If they cannot reach an agreement and the regional director believes the charge has merit, the regional director can issue a formal complaint detailing the alleged violations.

The Board collected $56.9 million in monetary remedies for aggrieved individuals in FY 2023. It also obtained 983 offers of reinstatement from employers for workers allegedly fired for protected activity, of which only 30% were accepted.

What You Should Do

CWC members can discuss NLRB enforcement trends at an upcoming Conversation Corner.

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