It is a somewhat compelling argument, but critics like Levin obscure an important point: unions are not in fact obligated to represent every worker in a workplace. A economist James Sherk of the conservative Heritage Foundation points out, unions can negotiate “members only” contracts with employers:

“The National Labor Relations Act does not mandate unions exclusively represent all employees, but permits them to electively do so. Under the Act, unions can also negotiate “members-only” contracts that only cover dues-paying members. They do not have to represent other employees.”