I’m not sure I’m convinced that going into any discussion that prefaces worker organization as “impossible” is entirely in good faith. All industries view worker-related expenses as costs (they are) so I don’t see the exception in this case.
What I do see is that a $350-400M settlement was seen by insiders as being short an order of magnitude, meaning that the 65,000 tech workers affected by this wage-fixing crime left a lot on the table. Class actions lawsuits, it seems, aren’t the correct tool for this kind of negotiation and unions are a viable alternative.