Whats wrong with VW just having a work-council that's made up of workers from within the factory, without UAW?
Basically the law states that company unions are illegal and the work-council without an external affiliated union would be a company union.
From wikipedia:
>Section 8(a)(2) of the NLRA makes it illegal for an employer "to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it."
I guess the objective is to avoid "puppet" unions, though if the "formation" part was stricken from this, I feel like the problem would be solved (VW could form the union but have it be independent).