Posts tagged salting
Employers Gain Additional Defenses In Union Salting And Deferral Cases Thanks to New Guidance from NLRB Official
August 27, 2025 // Under the AGC’s July 24 guidance, employees (or unions) filing charges must present evidence that the salt is “genuinely interested” in working for the employer. While the Board will independently evaluate this element, it will analyze evidence from the employer of the circumstances surrounding: the contents and completeness of the salt’s application; the applicant’s behavior and conduct during interviews; and the applicant’s previous refusal of similar employment.
NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”
August 16, 2025 // The AGC’s guidance is helpful for employers considering strategies to mitigate the risk of union organizing. For example, a relevant fact to whether an applicant has a genuine interest in being hired includes whether the applicant “followed the employer’s established procedures when applying.” If an employer has a policy prohibiting the hiring of applicants with multiple jobs or unsolicited applications, then it may help the employer avoid discrimination claims from salts. However, the time to implement these policies is before organizing begins. Salting rarely occurs independent of a larger campaign by a union to organize employees. Once that campaign begins, efforts to institute new policies to deter salting may violate the NLRA.