We recently discussed how video game organizers responded to morphing federal labor policy that is supposedly more business-friendly but can potentially increase union activity. The Communication Workers Of America (CWA) saw the writing on the wall—including how NLRB rulings are on pause due to a lack of a quorum—and created United Videogame Workers (UVW-CWA). As a “direct-join” union that bypassed an election, UVW-CWA doesn’t have bargaining power but can pull levers like putting workers on strike and stirring up the court of public opinion during disputes.

It remains to be seen how successful UVW-CWA will be, but employers should anticipate unions trying to pull other levers in their toolbox, including some seasoned methods that could be used in new ways.

Union-supported legislation: The SEIU has been historically aggressive in lobbying for initiatives to codify issues that could otherwise be part of collective bargaining. Take, for example, the Fight for $15 campaign and the California FAST Recovery Act, which boosted fast-food minimum wage to $20 per hour and took steps toward establishing sectoral bargaining.

A  progressive publication is lauding the SEIU-affiliated Healthcare Rising Arizona as an example of Big Labor bypassing the NLRB through ongoing lobbying for labor-friendly legislation and recruiting a membership base of workers for future causes. Additionally, the Emergency Workplace Organizing Committee (EWOC) bills itself as a digitally based volunteer organization where workers who are interested in third-party representation can connect to union reps. Well, the EWOC happens to have been co-founded by the United Electrical, Radio, and Machine Workers of America, which has a vested interest.

Possible Union Backing Of Boycotts: Target’s decline in foot traffic is not easing up as consumers vote with their wallets after the retailer rolled back DEI. An important detail to note here: no Target stores are unionized, and initial calls for the boycott came from influential Southern Rev. Jamal Bryant and a grassroots organization called People’s Union USA (which is not a labor union but rather is an LLC that has been critical of Starbucks during the Workers United saga). Still, it’s hard to believe that the labor movement is not stealthily fueling the Target boycott, and unions will likely look for opportunities to work similar damage elsewhere. 

Embracing losses as “wins”? Our own Michael VanDervort recently caught us up on how Starbucks Workers United (SWU) has not delivered on promises for change despite persistent claims by the union of bargaining progress. One progressive publication is now attempting to reframe that reality by arguing that the struggle will work publicity magic for future grassroots organizing. Again, time will tell whether worker-to-worker organizing efforts can keep the union's faith when SWU was held out as a beacon of change but, in reality, cannot cross the contract finish line.

And more influence from the CWA? Nearly a decade ago, the CWA’s NewsGuild umbrella rolled out a Member Organizing Program to train workers to take over duties usually undertaken by official union staffers. As unions attempt to adapt to Trump administration policies, there has been a call for other unions to adopt the NewsGuild model. We shall see if contagion for this or any of the above-described methods will spread. 

Meanwhile, it’s always a good time to ensure that communication remains seamless in the workplace so that employees are not tempted by new or old strategies in the union toolbox.