"Losing" union dues and receiving legal protection in return that likely won't take anywhere near as long to resolve as that court case did isn't "losing" given we
know for a fact that these companies are willing to abuse their position to the point of engaging in illegal activity. We pay the police too, is that really "losing"?
Similarly, "high performers" aren't immune as they are the ones most affected since the various companies are going to try to recruit them from the others the most.
A union that provides legal representation and a standardized process for appealing various issues that are clearly illegal [e.g. The link I posted] before it goes to court is possible without you having to negotiate specific salary tiers and the like.