The Paradox of the American Labor Movement

Last year was widely hailed as a breakthrough for the American worker. Amid a historically hot labor market, the United Auto Workers and Hollywood writers’ and actors’ guilds launched high-profile strikes that made front-page news and resulted in significant victories. Strikes, organizing efforts, and public support for unions reached heights not seen since the 1960s. Two in three Americans support unions, and 59 percent say they would be in favor of unionizing their own workplace. And Joe Biden supports organized labor more vocally than any other president in recent memory. You could look at all this and say that the U.S. labor movement is stronger than it has been in decades.

But you could just as easily say that worker power in America is as low as it has been in nearly a century. Despite all the headlines and good feeling, a mere 10 percent of American workers belong to unions. In the private sector, the share is just 6 percent. After years of intense media attention and dogged organizing efforts, workers at Amazon, Starbucks, and Trader Joe’s still don’t have a contract, or even the start of negotiations to get one. Union membership is associated with higher earnings, better benefits, stable hours, protection from arbitrary discipline, and more—but most Americans haven’t had the chance to experience these advantages firsthand. In 2023, according to an estimate by the Economic Policy Institute, a progressive think tank, 60 million working people in this country wanted a union but couldn’t get one.

How can this be? The answer, as I learned during my 25 years working for the AFL-CIO, the nation’s largest federation of unions, is that the story of organized labor in America is really two stories. On the one hand, established unions—especially those that emerged in the 1930s, when labor protections were at their most robust and expansive—are thriving. On the other hand, workers who want to unionize for the first time can’t get their efforts off the ground.

This is because the legal and policy shifts that hobbled the American labor movement were not primarily aimed at dismantling existing unions, at least not right away. Rather, they were designed to make it difficult to form new ones. Those efforts worked. In 1954, 16 million working people belonged to a union, and they accounted for about a third of the workforce. Today, nearly as many people are in unions—about 14 million—but they make up only 10 percent of the workforce. In other words, the numerator of unionized workers has held steady even as the denominator of overall jobs in the economy has grown dramatically. And all the support from the public and even the president can’t do much to change that. As hopeful as today’s moment might seem for workers, those hopes will not be realized without reversing the changes that laid unions low in the first place.

A century ago, an even smaller portion of the workforce belonged to a union than does today, and it showed. Then, as now, income inequality had reached staggering heights. Industrial workplaces of the 1920s were police states, with corporate spy agencies, private armies, and company stores.

The tide shifted in workers’ favor during the Great Depression. In 1935, responding to years of rising labor militancy, Congress passed the Wagner Act, an integral part of Franklin D. Roosevelt’s New Deal agenda. The law gave working people robust rights to form and join labor unions and to take collective action, such as strikes. It created the National Labor Relations Board, tasked with ensuring that employers didn’t violate these rights. And it declared that protecting “the free flow of commerce” also meant protecting the “full freedom” of working people to organize. Overall union membership rose from just 11 percent of the workforce in 1934 to 34 percent in 1945.

[Morgan Ome: What the labor movement can learn from its past]

Then the tide shifted back. After the Congress of Industrial Organizations began organizing multiracial unions in the South, segregationist Southern Democrats, whose votes had been crucial for passing the Wagner Act, joined forces with pro-corporate Republicans to stymie the New Deal labor agenda. This effort culminated in the Taft-Hartley Act of 1947, which stripped key labor protections from the Wagner Act. President Harry Truman denounced the bill as “a shocking piece of legislation” that would “take fundamental rights away from our working people.” But the Senate overrode his veto.

Taft-Hartley marked the beginning of the end of America’s short-lived period of strong organized-labor rights. It allowed states to pass “right to work” laws that let workers free-ride on union benefits without paying dues, which would help keep southern states low-wage and non-union. Taft-Hartley made it a crime for workers to join together across employers in “sympathy strikes” (unlike in Sweden, where postal workers refused last year to deliver license plates as a show of support for striking Tesla workers), or even across workplaces in the same industry. It also included anti-communist provisions that led to a purge of many of the labor movement’s most effective organizers, especially those most successful in promoting multiracial organizing. Taken together, these changes choked off the growth of working-class solidarity that was flourishing in other Western democracies at the time.

Taft-Hartley did not immediately doom the labor movement, however. It was more like a time bomb. Established unions remained strong and popular for decades, boosted by the conventional wisdom that a careful balance between labor and capital was the goose laying the postwar golden eggs. As Dwight Eisenhower wrote to his brother in 1954, “Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history.”

The time bomb finally began to go off in the 1970s, when a confluence of factors—the stagflation crisis, the rise of Milton Friedman–style economic theory, the fracturing of the Democratic coalition—made anti-union policy much more politically viable. And corruption in some unions, laid bare by high-profile congressional hearings, cast doubt on the integrity of unions generally. Richard Nixon appointed pro-corporate justices to the Supreme Court who over the following decades would dilute labor protections even further than Taft-Hartley had. And in 1981, Ronald Reagan crushed the air-traffic-controller strike, signaling that the federal government would tolerate aggressive union-busting actions by employers. This in turn gave birth to a new “union avoidance” consulting business that taught bosses how to exploit the vulnerabilities that had been injected into labor law. Those vulnerabilities turned out to be extensive.

During the period between the passage of the Wagner Act and Taft-Hartley, union organizing was relatively straightforward. Organizers would typically distribute cards to rank-and-file activists, who would collect signatures and return them to the organizers, who would file the signed cards with the NLRB. If a majority of a workplace signed the cards, the NLRB would certify the union. During bargaining, if the company and the union couldn’t reach agreement, the workers had various ways of exerting leverage, including calling a sit-down strike or blocking the employer’s goods from being accepted at other workplaces.

Today, even if a majority of workers sign union cards, the union has to win an NLRB election to be recognized. This process does not much resemble the free and fair elections we vote in every other November. The company can hire anti-union consultants, who will advise doing everything possible to delay that election, giving management time to intensify its lobbying efforts to scare employees out of voting yes. Thanks to Taft-Hartley’s so-called free-speech clause, employers have a broad range of tactics to choose from. For instance, although they are not technically allowed to threaten to close a warehouse if workers unionize, they can “predict” that the warehouse will have to close if the union goes through. They can make employees attend anti-union propaganda meetings during work hours, and they don’t have to let union organizers set foot in the parking lot to respond.

If a union overcomes these obstacles to win majority support, corporate higher-ups, though technically obligated to bargain in good faith, can drag their heels on contract negotiations with few repercussions. This helps explain why the Amazon Labor Union—which was founded in Staten Island in April 2021 and recognized by the NLRB in April 2022— still doesn’t appear close to having a contract. Labor might be regaining its cultural cachet, but after the triumphant vote is complete and the news cameras go away, employers hold almost all the cards.

[Adam Serwer: The Amazon union exposes the emptiness of ‘woke capital’]

This dynamic, rather than economic or technological shifts, is the key reason workers in more recently established industries are not organized. If Uber and Lyft had been invented in the 1930s, there would be a large, powerful Rideshare Drivers’ Union. If movies had been invented in the 2020s, the notion of an actors’ guild or a screenwriters’ union would seem absurd to most people. There is nothing more inherently “unionizable” about one job versus another.

Organized labor could still make a true comeback, one reflected not just in public goodwill but in actual union jobs. The Protecting the Rights to Organize Act, first introduced in 2019, is a comprehensive effort to restore the balance of power in the workplace—repealing much of the Taft-Hartley Act, including its so-called right-to-work provisions and its ban on solidarity actions. The PRO Act passed the House, but stalled in the Senate when a few Democratic senators refused to back filibuster-reform efforts in 2021.

The PRO Act is a strong bill, and I fought for it during my time as political director of the AFL-CIO. But one of the lessons of the American labor movement is that legal change tends to follow cultural change. Recent trends are encouraging. Biden brags about being the first president to visit a picket line, and Trump, despite having pursued anti-labor policies while president, at least feels the need to try to appear pro-union. At the same time, with less fanfare, the strategic effort to dilute worker power continues apace: Red-state legislatures are rolling back basic labor laws, including those that protect children, and Amazon, Starbucks, SpaceX, and Trader Joe’s have asked the the Supreme Court to declare the NLRB unconstitutional.

The paradox is that it’s hard for labor law to become a top-tier political issue precisely because so few Americans have firsthand experience with union membership, or recognize what they have to gain from resetting the balance of power between workers and corporations. Overcoming that challenge requires recovering the wisdom that created the modern labor movement: that the fate of working people anywhere is the fate of working people everywhere. It happened once, nearly a century ago. The country was a very different place back then. But, for better and for worse, it was also much the same.