Union election risk statistics for employers showing NLRB petition outcomes and win rates.

Once a Union Election Begins

The Odds Are Historically Stacked Against Employers.

61%

Of the 54,637 petitions filed, only 33,414 went to an election.

21,000

Over 21,000 petitions were withdrawn or dismissed before any vote occurred.

63%

In those elections, unions won 63% of the time. (21,163 to 12,163)

Why Union Elections Are a Serious Risk for Employers

Since 1984, the National Labor Relations Board (NLRB) has recorded more than 54,000 union election petitions filed by unions seeking to represent private-sector employees. Yet only a portion ever reach a vote, and when they do, unions prevail in most cases, making the union elections risk for employers a serious concern.

Why Employers Should Pay Attention

A union victory transforms the employer-employee relationship. Unionized workplaces often encounter:

Higher fixed labor costs, including wages, benefits, and compliance expenses
Reduced operational flexibility due to rigid work rules
Grievance and arbitration processes that slow decision-making
Greater administrative and legal complexity
Binding contracts that limit future strategy

Even when employers fend off a union campaign, the process is costly. Legal fees, communication efforts, lost productivity, and leadership distraction all add up. But losing is far more expensive. A union contract creates lasting financial commitments, operational restrictions, and higher risk of disputes.

The cost of winning is temporary; the cost of losing is permanent.

Document stamped with a large red “NO” on a conference table during a union election meeting, symbolizing a withdrawn or dismissed petition.

Why So Many Petitions Are Withdrawn

It’s tempting to look at the 21,000+ withdrawn or dismissed petitions and assume the risk is lower than it seems. But in reality, many of those cases were dropped because:

Sometimes employers, unaware of the strict election rules, commit mistakes that prompt the NLRB to conclude a fair vote is impossible. In those cases, the Board may issue a bargaining order, effectively unionizing the company without an election.
Sometimes unions file prematurely, realize they lack support, and withdraw, only to refile later when they’re more confident.
In some cases, union petitions are procedurally flawed, and employers—with skilled legal counsel—successfully convince the NLRB to dismiss the petition outright.

Put simply: the risk wasn’t avoided—it was just resolved by other means, often still resulting in union representation or costly compromise.

The Bottom Line: Act Before the Election

If you’re committed to remaining union-free, the NLRB’s data should serve as a warning. Historically, unions have won about 63% of elections, and in FY2024, success rates climbed to 79%, up from 76% the year before.

When a petition is filed, your response window is short, and the odds are against you. The time to prepare is before a petition ever appears.

Through leadership training, proactive communication, and employee engagement, employers can build workplaces where union interest never takes root.