The Unionization Trap

The Protecting the Right to Organize (PRO) Act represents everything wrong with American labor policy: it’s an elaborate scheme to strengthen unions while doing little to actually protect workers. The bill’s central premise—that workers must first unionize before they can exercise their rights—perpetuates the very system that has failed American workers for decades.

The PRO Act operates on a simple but flawed logic: if we just make it easier to form unions, workers will finally have the protection they need. But this “unionize first” approach ignores a fundamental reality: most American workers don’t want traditional unions, and even if they did, the union model itself is ill-suited to the modern economy.

Section 7 Rights: The Forgotten Foundation

Every American worker already possesses powerful rights under Section 7 of the National Labor Relations Act—the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” These rights exist regardless of whether workers belong to a union.

What Section 7 Already Guarantees:

• The right to discuss wages and working conditions with coworkers
• The right to petition management for improvements
• The right to refuse unsafe work conditions collectively
• The right to engage in workplace advocacy without retaliation
• The right to concerted action through digital platforms
• The right to collective grievance procedures

The problem isn’t that workers need new rights—it’s that they need protection from retaliation when exercising the rights they already possess.

The PRO Act’s Union Obsession

The PRO Act’s 132 pages are devoted almost entirely to making unionization easier, with only passing attention to the actual exercise of worker rights. Consider the bill’s priorities:

Card Check Recognition – Makes unionization easier but does nothing for workers who don’t want traditional union representation Secondary Boycott Restoration – Legalizes union tactics while ignoring individual worker concerted action First Contract Arbitration – Forces collective bargaining but doesn’t protect individual workplace advocacy Union Security Provisions – Requires workers to pay dues but doesn’t protect their individual rights

The message is clear: workers only matter if they’re part of a union.

Worker Centers: The Alternative Model

While unions and politicians obsess over the PRO Act, worker centers have quietly demonstrated that worker protection doesn’t require unionization. Organizations like the Restaurant Opportunities Center, National Domestic Workers Alliance, and Coworker.org have achieved remarkable victories without forcing workers into traditional union structures.

Restaurant Opportunities Center (ROC) Success:

• Recovered over $10 million in stolen wages from restaurant employers
• Improved working conditions at hundreds of restaurants through individual and collective action
• Won paid sick leave and fair scheduling policies in multiple cities
• All without requiring workers to join traditional unions

National Domestic Workers Alliance Achievements:

• Passed Domestic Workers Bill of Rights in 9 states
• Established minimum wage and overtime protections for excluded workers
• Created industry-wide standards without traditional collective bargaining
• Protected individual workers from retaliation and abuse

Coworker.org Digital Organizing:

• Enabled over 500,000 workers to win workplace improvements through petitions and collective action
• Helped individual workers secure better schedules, dress codes, and treatment
• All without union membership requirements or formal recognition

These organizations succeed because they prioritize protecting worker rights over building union membership.

The Unionization Barrier Problem

The PRO Act assumes workers want to unionize but face legal barriers. This assumption is increasingly false:

Workers Who Can’t Unionize:

• Gig workers are classified as independent contractors
• Supervisors and managers with limited authority
• Domestic workers in private homes
• Agricultural workers in many states
• Undocumented workers fearing deportation
• Workers in small businesses under the NLRA thresholds

Workers Who Don’t Want Traditional Unions:

• Young workers are comfortable with digital organizing
• Professional workers seeking flexible arrangements
• Part-time workers with multiple jobs
• Workers are distrustful of traditional institutions
• Employees are satisfied with current conditions but are seeking specific improvements

The PRO Act’s union-first approach abandons all these workers to their fate.

Individual Concerted Action: The Real Solution

What workers actually need is protection for the concerted activities they’re already engaged in:

Digital Organizing: Workers use Slack, WhatsApp, and Facebook to coordinate workplace action without union intermediaries Issue-Specific Campaigns: Employees organize around specific grievances—scheduling, safety, harassment—without seeking comprehensive union representation Rotating Leadership: Workers share leadership responsibilities rather than creating permanent union bureaucracies Flexible Coalitions: Employees form temporary alliances around specific issues then dissolve when goals are achieved Individual Advocacy: Workers exercise Section 7 rights individually while building collective support

The PRO Act provides virtually no protection for these increasingly common forms of worker action.

The Retaliation Reality

The fundamental problem facing American workers isn’t the inability to organize—it’s the fear of retaliation when they do. The PRO Act addresses this issue only tangentially while creating complex new procedures that most workers will never use.

What Workers Actually Face:

• Firing for discussing wages with coworkers
• Retaliation for refusing unsafe work
• Punishment for circulating petitions
• Harassment for challenging discrimination
• Blacklisting for organizing collective action

What Workers Actually Need:

• Immediate reinstatement for retaliation victims
• Substantial financial penalties for employers
• Streamlined complaint procedures
• Protection for digital organizing
• Coverage for all workers, regardless of classification

The PRO Act’s elaborate unionization procedures do little to address these immediate, practical needs.

The Gig Economy Blind Spot

The PRO Act’s union-centric approach is particularly ill-suited to addressing challenges in the gig economy. Platform workers need:

• Protection from arbitrary deactivation
• Due process for account decisions
• Transparency in algorithmic management
• Minimum compensation standards
• Safety equipment and training

Traditional unionization fails to address any of these needs effectively. Workers who drive for Uber don’t need collective bargaining—they need protection from unfair deactivation and transparent pay calculations.

Workplace Democracy vs. Union Bureaucracy

The PRO Act confuses workplace democracy with union bureaucracy. True workplace democracy means:

• Workers directly participating in decisions affecting them
• Flexible, issue-specific collective action
• Individual rights protection regardless of majority status
• Digital platforms enabling new forms of solidarity
• Worker control over their own advocacy

Union bureaucracy typically means:

• Elected representatives making decisions for workers
• Comprehensive contracts covering all terms and conditions
• Formal grievance procedures replacing direct action
• Dues requirements regardless of individual benefit
• Hierarchical structures that mirror corporate management

Most workers want the former, not the latter.

International Evidence: Rights First, Unions Optional

Countries with the strongest worker protection don’t force workers to choose between individual rights and collective representation:

Germany: Works councils give all workers participation rights regardless of union membership
Sweden: Sectoral bargaining establishes standards that apply to all workers, union members or not
Canada: Card check recognition exists alongside robust individual rights protection
Netherlands: Flexible works councils address worker concerns without requiring unionization

These systems demonstrate that worker protection and union strength can be separated.

The Political Reality

The PRO Act’s union-first approach isn’t just ineffective—it’s politically suicidal. By making unionization the primary goal, the bill:

• Alienates workers who want rights protection but not union membership
• Unites business opposition around “union boss power” narratives
• Ignores the 90% of workers who aren’t union members
• Creates zero constituencies among non-union workers
• Repeats the same mistakes that have marginalized labor for decades

A bill focused simply on protecting Section 7 rights would face far less opposition while helping far more workers.

The Alternative: A Section 7 Rights Protection Act

What workers actually need is legislation that:

Protects Individual Rights:

• Creates immediate reinstatement for retaliation victims
• Establishes substantial financial penalties for employer violations
• Provides streamlined complaint procedures
• Covers all workers regardless of classification
• Protects digital organizing activities

Enables Collective Action:

• Protects concerted activity without requiring union recognition
• Legalizes issue-specific collective action
• Enables workplace committees for specific concerns
• Protects worker centers and alternative organizations
• Covers non-traditional forms of solidarity

Removes Barriers:

• Repeals restrictions on individual concerted action
• Protects workers who organize without seeking union recognition
• Enables flexible, temporary collective action
• Covers gig workers and other excluded categories
• Protects professional workers seeking collaborative solutions

Such legislation would help workers immediately while building constituencies for broader reform.

Worker Center Model: The Future of Worker Protection

Worker centers demonstrate that worker protection doesn’t require the PRO Act’s elaborate unionization procedures. These organizations succeed by:

Focusing on Rights, Not Recognition:

• Protecting workers regardless of union status
• Enabling collective action without formal bargaining
• Addressing specific grievances rather than comprehensive contracts
• Building solidarity across traditional boundaries

Using Flexible Strategies:

• Issue-specific campaigns rather than permanent organizations
• Digital organizing alongside traditional methods
• Individual advocacy combined with collective action
• Community support rather than just workplace focus

Building Broad Coalitions:

• Including workers excluded from traditional union coverage
• Addressing racial justice alongside economic concerns
• Connecting workplace issues to community needs
• Enabling worker leadership without bureaucratic structures

The Path Forward: Rights Protection First

The labor movement’s fixation on unionization has become a barrier to effective worker protection. Workers need rights protection, not organizational membership. The path forward requires:

Immediate Priorities:

• Protect Section 7 rights for all workers
• Create meaningful penalties for retaliation
• Enable flexible collective action
• Cover workers excluded from NLRA protection
• Support alternative organizing models

Long-term Vision:

• Build worker power through rights protection
• Enable diverse forms of collective action
• Support innovation in worker advocacy
• Create multiple pathways for worker voice
• Focus on outcomes rather than organizational form

Conclusion: Break the Unionization Trap

The PRO Act represents everything wrong with American labor policy: an elaborate scheme to strengthen institutions while ignoring the people those institutions claim to serve. Workers don’t need easier unionization—they need protection from retaliation when they exercise rights they already possess.

Until the labor movement abandons its “unionize first” mentality, workers will continue to suffer while politicians debate procedures most workers will never use. The path to worker power runs through rights protection, not organizational membership.

Every minute spent promoting the PRO Act is a minute not spent protecting workers facing retaliation right now. Every dollar invested in unionization campaigns is a dollar not invested in defending Section 7 rights.

Workers need protection, not procedures. They need rights, not recognition. They need immediate help, not elaborate schemes.

Break the unionization trap. Focus on rights protection. Help workers first. Let unions follow if workers choose them.

The PRO Act’s failure isn’t just political—it’s conceptual. Until worker protection becomes the goal rather than union strengthening, American workers will continue to suffer under a system that promises everything but delivers nothing.