Nearly 20 years after the publication of Kate Bronfenbrenner’s groundbreaking report on the state of organizing, she testified this week before Congress to preview new data showing that working people continue to face significant barriers in their efforts to form a union.

Her testimony was given during a hearing before the House Education and Labor Committee on corporate union-busting and removing barriers to organizing.

Bronfenbrenner’s testimony highlighted that while election win-rates have increased, the level of opposition workers face has intensified. Her analysis is further evidence for why we must pass the Protecting the Right to Organize (PRO) Act.

“Strengthening our labor laws has never been more urgent,” AFL-CIO President Liz Shuler said in response to the new data. “The working people who keep our economy going each day deserve the freedom to join or form a union without intimidation and fear.”

All workers deserve dignity and respect on the job.”

Approval of unions has reached 71%—the highest rate in nearly 60 years—and a significant portion of workers report that they would join a union if they could. Despite this unprecedented period of organizing, with millions of workers standing up nationwide to demand fairness on the job, the conditions that workers face have not changed much over the past two decades.

Bronfenbrenner’s findings show that a majority of companies still hire union-busting firms to deploy aggressive anti-union campaigns to thwart worker organizing.

Rates of retaliation, coercion, threats and intimidation remain inexcusably high: 

• Eighty-five percent of employers used captive audience meetings while 71% used one-on-one meetings to harass workers. 
• Forty-four percent interrogated workers about union activity. 
• Forty-five percent threatened workers with plant closings, outsourcing or contracting out of their work.

The evolution of technology has allowed employers to introduce newer and so-called softer tactics to prevent organizing. Bronfenbrenner found that surveillance of workers has doubled and this includes monitoring through phones, computers key cards, social media and more.

Email communication has jumped from 3% to 43%, and employers now use text messages 18% of the time to contact workers with anti-union messages.

While this data primarily shows employer opposition only after workers have filed a petition with the National Labor Relations Board (NLRB), it does not reflect what workers know from lived experience—about how increased surveillance and other tactics are used by employers to mount anti-union campaigns even before a petition is filed.

These tactics continue to have a chilling effect on working people’s desire to organize and improve their workplaces. Workers have had to be more cautious in filing petitions for elections with the NLRB because employer misconduct so often precludes a fair election. 

And even when workers are successful in organizing by going through the NLRB election process, only 36% of elections result in a first contract within the first year while 44% still do not have a union contract within three years.

Without strong labor laws, workers will remain vulnerable to corporate abuse and overreach. Building a more equitable economy requires that employers be held accountable for violating workers’ rights.

This blog originally appeared on September 15, 2022 at AFL-CIO. Republished with permission.

About the Author: Julie Farb is a content contributor for AFL-CIO.

Visit Workplace Fairness’ page on unions to learn more about workers’ rights.