Why Unions Are Thriving But Labor Laws Are Stuck in the Past
On this Labor Day, the call for stronger labor rights has never been louder. Across the country, support for unions is surging, and polls reveal that Americans on both sides of the political spectrum want to protect the right to organize. Even Republicans in Congress, including Missouri Sen. Josh Hawley, have voiced support for workers’ right to choose unions. Yet, outdated labor laws continue to hold back meaningful change.
The problem lies in the gap between public support and legal reality. The Wagner Act of 1935, the main labor law in the U.S., no longer provides adequate protection for workers. Although it was groundbreaking nearly a century ago, today, it leaves employees vulnerable. Employers can still fire union supporters without facing serious penalties, and that risk keeps many workers from attempting to organize.
Why Unionization Remains a Risk
Most employees know the stakes when considering a union drive. Organizing could mean losing a job, a paycheck, or even career stability. With laws offering little recourse when employers retaliate, the cost feels too high. That fear, paired with aggressive anti-union campaigns from management, creates a chilling effect.
This dynamic explains why union membership in the U.S. has plummeted. Rates are even lower now than before labor laws existed. Such weak protections don’t just hurt workers—they also fuel growing economic inequality and political divides.
If unionization is to thrive again, lawmakers must commit to meaningful labor law reform, not just small fixes. A complete overhaul is required to create a system where workers have a clear, protected path to forming unions.
Two Steps Toward Stronger Labor Law Reform
Instagram | nationalemploymentlawproject | The PRO Act proposes solutions to protect workers and streamline the process for unionizing.
Rebuilding labor rights involves addressing two core problems:
1. Making it easier for workers to unionize even when employers resist.
2. Reducing employers’ incentives to fight organizing efforts in the first place.
For the first step, reforms like the Protecting the Right to Organize (PRO) Act already propose solutions. This legislation calls for stronger penalties against employers who fire workers for union activity, tighter rules on union-busting tactics, and a smoother process for securing contracts after union elections. The PRO Act stalled in the Senate despite passing the House twice.
Still, passing it would only be the beginning. A bolder approach could involve flipping the system’s default. Instead of assuming workers don’t want union representation, the law could assume the opposite. Workers would vote not on whether to unionize, but on which union to represent them. This framework shifts power toward employees while still allowing them to reject unions if they choose.
Rethinking Bargaining Structures
Employers often resist unions because they fear higher labor costs will put them at a disadvantage. Under current U.S. law, unions are organized on a workplace-by-workplace basis. For example, if one McDonald’s franchise unionizes while others nearby do not, that single location may face higher costs than its competitors.
However, many developed economies avoid this problem with sectoral bargaining. In that system, unions negotiate contracts that cover entire industries, not just individual businesses. This approach ensures all firms play by the same rules. No single company carries the weight of higher wages or benefits alone, reducing opposition to unionization.
Public Sector Workers Need Protection Too
Labor law reform must extend beyond the private sector. Public employees, from teachers to federal workers, play a central role in the labor movement. Yet loopholes have left many without adequate protection.
For example, former President Donald Trump used a narrow exception meant for national security roles to strip nearly one million federal employees of their collective bargaining rights.
That loophole would be closed by true reform, which would restrict exclusions to employees of the Defense Department, CIA, and NSA. Every other public employee deserves the same right to unionize as private sector workers.
Independence of the Labor Board
Another weakness lies in the structure of the National Labor Relations Board (NLRB). Created in 1935, the board was meant to operate independently. Yet presidents now treat it as a political tool, firing members mid-term to shift its direction. When Trump removed member Gwynne Wilcox, a Biden appointee, it highlighted how fragile the system has become.
If the NLRB cannot function independently, reform must consider alternatives. One option is granting workers the right to sue employers directly for violations, rather than relying on a politically influenced board. Such a shift would give employees more direct power to enforce their rights.
Why Political Power Matters for Unions
Instagram | @senseblogs | Trump’s removal of Gwynne Wilcox exposed how presidential power undermines the independence of the National Labor Relations Board.
Unions don’t just fight for contracts. They also drive broader protections like minimum wage laws, workplace safety standards, and anti-discrimination measures. These achievements didn’t happen by accident. They came through collective bargaining and political advocacy.
Without political engagement, unions lose their ability to secure such gains for workers. Yet corporate money continues to dominate the political system, and unions provide one of the few counterbalances. Limiting their political role would weaken protections for all employees.
Justice Felix Frankfurter recognized this truth decades ago, noting that union political action is fundamentally connected to their objective of improving workers’ economic and social conditions.
A Cross-Party Moment for Change
The momentum for labor law reform is real. Polls show that Americans, regardless of party, back unions. The challenge lies in translating that support into law. Democrats have consistently championed reform, but progress will require at least some Republican lawmakers to join them.
For years, both parties have promised to defend the working class. Now the test is whether those promises will lead to action. For millions of families, worker protection is a matter of justice and stability, not politics.
The Road Ahead
Union popularity shows no signs of slowing down. Workers across industries—from coffee shops to warehouses—continue to push for representation despite the risks, highlighting both the movement’s strength and the shortcomings of current laws.
Meaningful reform won’t come from half measures. Lawmakers have an opportunity to rebuild a system that reflects today’s workforce by giving workers true freedom to organize, protecting them from retaliation, and leveling the playing field in negotiations.
Unions remain a powerful tool for securing fair wages and reducing inequality, yet outdated labor laws still stand in the way. Workers deserve laws that deliver real protection, stronger rights, and a fair chance to shape their workplaces.