The National Labor Relations Act (NLRA) of 1935 established the United States as a country that encourages and supports protecting workers’ fundamental right to bargain for better working conditions. Although the NLRA works to guarantee safety from unfair labor practices, such as union-busting, discrimination based on union status, and refusing to negotiate, some employers may still weasel around these laws. Despite the Trump administration’s widespread attack on unions, you still have the right to organize, and every worker must weigh the following risks and rewards of deciding to unionize their workplace.
Legal Protections for Workers
Despite the passage of the NLRA, the federal government still greatly favors the needs of employers and companies over employees and workers. Nearly every state has at-will employment laws, which means employers can terminate employment for any legal reason.
Federal protections, such as prohibiting retaliatory and discriminatory termination, also mean employers generally don’t need a cause for termination and have leeway to covertly union-bust. Workers involved in a union campaign should include research on employment law and general job security within your state. Take the time to familiarize yourself with federal and state laws and your company’s policy.
Your Rights as a Worker
Workers in the U.S. have fought for and won many safeguards and employee rights for full-time, part-time, and temporary workers. All private-sector employees currently have the rights to
- Organize without employer interference, discrimination against union members, refusal to bargain, or crafting of opposing unions. This includes threats of termination, loss of benefits, bribes to discourage union support, and unnecessary labor or intimidation as retribution for engaging in union-organizing activities.
- Discuss, promote, and share information about union organizing and support without management supervision
- File charges at any point with the National Labor Relations Board against violations infringing on union or employee rights
Employer Retribution
However, when unionizing your workplace, employers and managers will likely try to work around the NLRA. Many anti-union business and tech websites even feature sly union-busting tactics aimed at employers. These tactics include:
- Hiring union-busting consultants or firms to help find legal loopholes or just intimidate or mislead workers to undermine union efforts, spending more than an estimated $400 million annually for these services
- Using non-union employees to share anti-union propaganda
- Meeting privately with employees to intimidate and discourage union efforts
- Falsely promising to compromise on the condition that workers do not form a union
- Delaying union elections and negotiations indefinitely
Major employers often attempt to bust growing union efforts. In 2021, Amazon tried invalidating a union election in an Alabama warehouse, and Starbucks illegally monitored and fired two baristas in Philadelphia. As recently as February 2025, legislators in Salt Lake City passed an anti-union bill (House Bill 267) despite protests from hundreds of citizens and house Democrats and Republicans alike.
Union-Busting at Starbucks
Starbucks has attempted to bust unions since the 1980s. They’ve threatened workers, spied on them, spread anti-union propaganda, fired organizers, and even permanently closed unionized locations. Despite more than 190 stores striking for more than 450 days since January 2022, Starbucks continues to delay and work around negotiations with Starbucks Workers United.
However, as recently as 2023, union organizers across Canada, Chile, and New Zealand have seen some huge Starbucks wins, from better pandemic safety precautions to better wages and healthcare.
Recently in New York City, the Department of Consumer and Worker Protection enforced the protection of labor laws against anti-union tactics, such as with Starbucks employee Austin Locke. Starbucks unlawfully fired Locke, an employee of three years, after he supported the union campaign at his Starbucks location. He filed a complaint for the unlawful termination and was rehired, receiving back-pay and compensation for damages. A federal judge later ruled Starbucks had violated federal labor laws with similar firings at locations in upstate New York. Over 500 Starbucks locations are currently unionized, totaling over 11,000 workers since 2021.
Recent Organizing Wins
Workers at other major companies have seen organizing wins this year. Whole Foods workers in Philadelphia established the first unionized Whole Foods shop (owned by Amazon). Workers at media company Pop Sugar organized with the Writers Guild of America, finally securing union support and bargaining power for their 20-person newsroom. United Food & Commercial Workers (UFCW) Local 400 won a lawsuit that returned over $133,000 in stolen tips to 79 employees in Washington D.C., also winning compensation for any attorneys’ fees. Despite President Donald Trump’s attempts to limit union power and cut government jobs, the National Treasury Employees Union, representing over 150,000 employees, has pushed back in the courts.
Taking action to organize a union in your workplace is an important step towards fighting for safer and happier working conditions for all employees. However, it’s not without risk. Retaliation against workplace unionizing is unlawful nationwide, but corporations are unsurprisingly willing to work around these rules or simply ignore them. While it’s important to organize and support a strong, safe, and happy workforce, it’s crucial to be aware of any laws and workplace policies. Be vigilant and mindful, stand strong with your union, and remember that companies are not your friends — we keep us safe!
