The State of the Unionization: What Employers Need to Know

By: Rachael Jeanfreau and Kenneth J. Nilsson

Employers must be aware that Union activity in the United States is undeniably making something of a comeback. In 2025, union membership reached 16.5 million U.S. workers, or one tenth of the national workforce. In addition, the number of union election petitions filed with the National Labor Relations Board (NLRB) has doubled since 2021. This shift towards unionization appears to come at least in part from changing cultural opinions, including among younger, digitally-connected generations, with some reports indicating that unions enjoy a 68% public approval rating.

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With such a changing landscape, it is crucial for employers to prepare now to respond lawfully to potential union organizing attempts. It is imperative for employers to have in place a plan even before any signs of potential organizing arise. Employers should also be aware that the current make-up of the NLRB may lead to changes in the law, which must be monitored when developing a legally-compliant plan.

Ultimately, an employer’s advance preparation for potential organizing is critical. Having appropriate policies in place and training supervisors—whose actions legally bind the company—are important first steps for employers to take with the assistance of their labor and employment counsel.