The National Labor Relations Board’s (“Board”) Acting General Counsel, William Cowen, recently released guidance to its regional offices that will make the “salting” process more difficult for unions.
“Salting” is an organizing tactic used by unions to get members or paid organizers (“salts”) hired into non-union workplaces to build internal support for unionization. Under the National Labor Relations Act (NLRA), which protects employees’ rights to engage in certain activities, salts are protected against discrimination based on union affiliation like any other applicant or employee.
In a typical salting campaign, salts apply for jobs at targeted employers. Once hired, these salts work to obtain union authorization cards from employees, stir up animosity based on alleged poor treatment, and foster collective action among coworkers. If an employer declines to hire a union salt, the union will file an unfair labor practice charge with the Board, alleging that the employer illegally chose not to hire the salt because of their union affiliation.
There are legal actions employers can take to defend against salting. For example, job descriptions that legitimately screen for multi-skilled candidates can screen out unskilled union salts. Hiring policies that favor internal referrals provide fewer opportunities for salts to enter your workforce. And if you must defend an unfair labor practice charge, detailed interview records help prove hiring decisions were neutral and job-related.
On July 24, 2025, NLRB Acting General Counsel William Cowen issued Memorandum GC 25-08, which updates guidance to the NLRB’s regional offices for investigating salting cases. The current legal standard is contained in Toering Electric Company, a 2007 case that required the NLRB to prove that a salt applied for a position and then allowed an employer to present evidence that the salt’s interest in the position was insincere. The memo shifts this requirement onto the NLRB’s regional offices. The regions must now solicit information from the salt on both the issue of whether they actually applied for the job and on whether they “possessed a genuine interest in being hired” before demanding evidence from the employer on the issue of sincerity.
This is a welcome win for employers, and there are likely more to come on the horizon.
Employers Council provides resources and information for members on the subject of unionization, including our whitepaper Union Organizing and Avoidance. For those navigating union environments for the first time, the whitepaper Labor Relations Terms and Concepts provides essential information. For more information contact info@employerscouncil.org.
Curtis Graves is an attorney with Employers Council.