Unions: Forgotten, But Not Gone

On January 25, 2008, the United States Department of Labor's Bureau of Labor Statistics (BLS) issued a report on union membership in the United States in 2007. The BLS reported an increase in the number of union members in 2007 and in the percentage of the United States wage and salary workforce who were union members in 2007. One year is not a trend, but some researchers have noted that this is the first time since the BLS began collecting annual union membership information 25 years ago that the union's share has increased.

According to the BLS, approximately 179,000 new members were added to unions in the public sector, and 133,000 in the private sector. The BLS places the total number of union members at 15.7 million, approximately 12.1% of the total U.S. wage and salary workforce.

There is no question that unions have devoted much more attention and resources to the prospect of organizing workers. Both the AFL-CIO and the Change to Win coalition, a group of unions that withdrew from the AFL-CIO a few years ago, tout the 2007 numbers as evidence that their efforts are paying off.

Despite the 2007 gains, organized labor has a long way to go if it ever hopes to recapture the prominence it enjoyed in its heyday. In the 1960s and 1970s, as it has often been widely reported, unions represented approximately 35% of the private sector workforce in the United States. As BLS noted, 2007's increase in private sector union membership resulted in an estimated representation of only 7.5%, approximately one-fifth, on a percentage basis, of the union membership 40 years ago.

The largest increase in the private sector in 2007 was in the health services industry where the estimated increase was 142,000 members, raising union member percentage in that industry to nearly a full percent, from 7% to 7.9% in one year. Union membership gains in the construction industry were also strong, but in manufacturing, unions lost approximately 93,000 members and the rate of membership continued to decline, falling from 11.7% in 2006 to 11.3% in 2007.

Employers in all industries, but perhaps especially health, hospitality and custodial services, should remain vigilant and expect continued efforts by unions to organize their workers by aggressive unions employing aggressive tactics.

For many employers, unions may be "forgotten," but they are certainly not "gone." Complacency is dangerous for employers who wish to remain union‑free. Employers need to remain vigilant and to engage in effective workplace practices and have in place effective polices with the goal that their employees are not interested in unions when the unions come calling.

Employers can read the full text of the BLS report. For further information on remaining union-free, contact Michael H. Boldt or any of the Labor and Employment lawyers at Ice Miller LLP.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.