The article highlights the disparity between the high approval rates of labor unions and the low membership levels, which remain at a historical low with only 10 percent of the workforce affiliated to a union, and merely 6 percent in the private sector. It suggests that easing the process for workers to form unions and engage in collective bargaining might help increase membership. In 2023, despite an increase in strikes and union organizing efforts, just a small fraction of the workforce was eligible to vote in representation elections that were overseen by the National Labor Relations Board (NLRB). This slow growth in union membership contrasts with a workforce increasing by about 1.5 million new workers annually.
Labor historian Erik Loomis argues that for the labor movement to rebuild, mass participation is required, with thousands joining the movement simultaneously. Ben Fong from the Center for Work & Democracy suggests targeting large private-sector companies to capitalize on the current increased interest in labor unions. Labor researcher Chris Bohner points out that the labor movement is not lacking in financial resources but rather in effective deployment, noting the movement holds over $35 billion in net assets.
The article emphasizes the necessity for grassroots organizing, facilitated by new technologies that allow workers to self-organize and take on traditionally full-time roles. It mentions the importance of legislative reform to simplify the unionization process, given the obstacles posed by current American labor laws. The potential election of Kamala Harris and Tim Walz is seen as an opportunity to pursue significant labor law reform to ease the process of gaining collective bargaining rights.
Labor lawyer Matt Bruenig comments that the complexity of current labor laws impedes mass unionization. The article cites challenges faced by unions at companies like Starbucks, Amazon, and Mercedes-Benz, where legal and bureaucratic hurdles often delay justice and thwart unionization efforts. There is a call for strategies like striking for recognition, but it is recognized as impractical for the majority of organizing campaigns due to insufficient worker unity and resources.
There is increasing political discourse around passing the Protecting the Right to Organize (PRO) Act, although earlier attempts at similar reforms stalled due to legislative hurdles. The article advocates for a “majority sign-up” process which would trigger automatic union recognition and negotiation once a majority of workers express their support through signed cards.
The Biden administration’s tenure at the NLRB has resulted in decisions that have bolstered organizing efforts, such as allowing Starbucks Workers United to organize single stores and enabling Amazon workers to campaign for union support off-shift. Yet further labor law reforms are suggested to limit employers’ ability to overturn NLRB decisions in court. For the PRO Act to be effective, it should include provisions for majority sign-up to reduce judicial interference in labor decisions.
Larry Cohen, past president of the Communication Workers of America (CWA), stresses the need for the PRO Act to boundary federal judiciary interventions, and incorporate self-enforcement of NLRB decisions to safeguard against delays and nullifications by anti-union legal challenges. These amendments, he argues, will pave the way for enhanced collective bargaining opportunities for workers.
