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NLRB issues guidelines for investigating union ‘Salting’ claims

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in Employment Law,Hiring,Human Resources

In February 2008, the National Labor Relations Board’s (NLRB) Office of General Counsel issued two guideline memoranda outlining the board’s rationale in two recent decisions concerning “union salting.”

Salting is a strategy in which union supporters—sometimes paid, sometimes unpaid—apply for employment in a nonunion workplace. The goal is to unionize that company’s work force.

If you work in an industry facing increasing unionization efforts, you need to know about salting and how the NLRB views the related issues.

Background on ‘salting’

In some situations, unions submit batched applications on behalf of people who are neither aware of applications submitted on their behalf nor interested in employment opportunities with the employer. Unions often submit those applications to create the basis for an unfair labor practice charge, which can create substantial litigation costs for an employer.

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