Attorney Jordan Konell Discusses Unionization in the Arts and Culture Sector

Union activity is on the rise and unlikely to decrease anytime soon – the National Labor Relations Board reported a 53 percent increase in union election petitions between October 2021 and September 2022.

Amidst this historic resurgence in union organizing, arts and culture workers have increased their efforts to fight for their rights and ensure fair treatment for all employees. Union organizers should be aware of the unique legal considerations for the arts and culture sector, given that labor law was developed primarily for industrial workplaces.

Willig, Williams & Davidson attorney Jordan Konell provides an overview of some of these considerations in a recent article in The Legal Intelligencer. Because arts and culture institutions often receive government funding but are governed by unelected boards of directors, it can be difficult to determine whether they are public or private entities. However, it is important that organizers know whether an employer is subject to private sector labor law or if their needs would best be served by a union that represents public sector workers.

The designation of “professional” vs. “nonprofessional” is also crucial to organizing effectively. The National Labor Relations Act states that professional work is “predominantly intellectual,” but most cultural institutions employ a wide range of workers engaged in both professional and nonprofessional work. Workers in these two categories must decide whether they want to be part of the same bargaining unit.

Konell also notes staff safety as an important factor in union campaigns for cultural workers. Security protocols and extreme working conditions have emerged as major issues of concern at cultural institutions, and they should not be overlooked, he notes.

As labor organizing continues to increase in the art and culture sector, unionization at nonprofit institutions will evolve to better serve the needs of workers.

Read the full article here: “A Perspective on Increasing Unionization in the Arts and Culture Sector” (Subscription is required.)