New Economic Realities   //   February 5, 2025

Retail unions are pressing forward despite NLRB disruptions

Following the pandemic, a rush of unions have formed at a variety of retail and e-commerce chains across the country, from Amazon to Starbucks, and from Barnes & Noble to Whole Foods.

But upheaval in the National Labor Relations Board in the early days of the Trump administration could deal another blow to these efforts as unionized employees question whether the system will still be functional.

Ashley Hamilton recently voted for a union at an REI location in Greensboro, North Carolina, marking the 11th store in the chain to do so. She said she hopes to see the collective power of workers grow as they become more aware of what’s happening on the federal level. “In my mind, it doesn’t slow me down, it doesn’t stop me. It makes me want it more,” she said.

In less than a month, President Donald Trump has already thrown the agency in disarray. That included removing National Labor Relations Board General Counsel Jennifer Abruzzo, a move that was anticipated, given that she was a Biden appointee. Trump has since appointed William B. Cowen as acting general counsel, promoting him from regional director of the Los Angeles office.

But Trump also fired a Democratic board member, Gwynne Wilcox, which leaves the board without a quorum and could jeopardize future decision-making processes. Democratic Congressman Rep. Robert Scott of Virginia has called for her reinstatement, saying Trump’s action was illegal and will be challenged in court for firing her without due process. But the agency is essentially frozen from certifying new unions until a full quorum is available.

These moves could have big implications for the retail union movement, which has provided glimmers of activity in the years-long declines of union ranks. While there had been a swell since since the Covid-19 lockdowns, the number has stayed relatively flat in 2023 and 2024. Currently, just about 4.6% of all retail trade workers are represented by a union, according to the latest Bureau of Labor Statistics figures. Overall, the ranks of private-sector union members dropped by 184,000 in 2024. But some workers at companies like REI and Amazon still pressed forward with organizing last year, whether due to safety concerns, working conditions or pay.

Stuart Appelbaum, president of the Retail, Wholesale and Department Store Union, told Modern Retail the NLRB board changes raise concerns about delays the unionization process. That’s because one of the main roles at the NLRB is to certify union elections. Applebaum said one way around that may be to urge employers to recognize a union without an official NLRB election.

“What we’re saying to ourselves is we cannot rely on labor law and the government. We have to rely on our own collective strength in the workplace,” Appelbaum said. “We need to get the employer to understand that we need to recognize the union — regardless of whether or not there is an NLRB election.”

In a practical sense, some NLRB activities may still go forward. For example, a union could still file an unfair labor practice charge against an employer that is heard and settled by an administrative law judge. But appeals to that decision could only be held in front of a full board. And once formed, unions can act on their own accord, whether that’s pushing for higher wages like the Teamsters recently did during negotiations with Costco, or when Amazon workers strike during busy seasons to protest their pay and working conditions

“The government is not going to organize workers for us,” Appelbaum said. “It’s only by workers activating themselves and coming together with a collective voice that we will have the strength we need to ensure that the union is recognized in the workplace.”

Hamilton from the REI Union said her hope is that her union continues to stay strong by actively communicating in person or on group chats. She said earnings from retail jobs are difficult to live off of, and higher wages and paths to full-time employment are some of the top issues for members.

“It’s one of the largest private employers, not just school kids and students making up these jobs. It needs to be a true middle-class job,” she said.

REI did not immediately respond to a request for comment from Modern Retail about the Greensboro union or an update on negotiations with its unionized employees. Last year, when a store in Castleton, Illinois unionized, REI told Modern Retail that the company “stands firm that all our employees have the right to choose whether to have union representation or not. Our commitment to transparency means that we believe employees should have all the facts, on both sides, to make a well-informed decision. Our employees have the choice to listen or not to the information presented to them on either side.”

For Hamilton, the changes at the federal level mean that she and her colleagues may have to work harder to get what they’re looking for. “We need a strong union so that we can fight for ourselves and not just rely on an agency that is being underfunded, and being attacked.”