What's Happening?
The National Labor Relations Board (NLRB) has released new guidance on handling 'salting' cases, where union organizers apply for jobs to organize or provoke employers. This practice is protected under the NLRB, which prohibits discrimination against applicants for union activity. The new guidance, issued by Acting General Counsel William Cowen, provides more room for employers to challenge the legitimacy of 'salts' as genuine job applicants. The guidance outlines a core legal test requiring proof that the employer was hiring and that the applicant met job requirements, while also considering anti-union bias. The guidance directs NLRB regions to focus on evidence from the charging party before seeking employer evidence.
Why It's Important?
This development is significant for California employers, who operate in a highly active labor environment. The new guidance provides employers with tools to defend against bad-faith salting charges, potentially reducing the risk of unfair labor practice charges. By documenting suspicious application behavior and maintaining consistent hiring standards, employers can better protect themselves. This guidance could influence labor relations and union organizing efforts, impacting how employers manage their workforce and respond to union activities.
What's Next?
Employers in California and other states may need to adjust their hiring practices and documentation processes to align with the new NLRB guidance. Legal and HR departments might increase training on identifying and documenting suspicious applicant behavior. The guidance could lead to more legal challenges and cases being submitted to the NLRB's Division of Advice for further review, potentially affecting the pace and outcome of salting-related disputes.
