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Home » HR Glossary » Salting
Salting is a strategic union organizing tactic where union members or supporters seek employment at a non-unionized workplace with the specific purpose of organizing workers from within. These individuals, known as “salts,” simultaneously serve as both employees and union organizers. The practice derives its name from the metaphor of “salting a mine” – strategically placing valuable materials to create the appearance of greater worth.
As a legally protected form of union organizing, salting has evolved significantly over decades of labor relations history. This tactic enables unions to establish an internal presence in workplaces that might otherwise be difficult to organize through external efforts alone.
Salting typically manifests in two primary forms:
Both approaches are legally protected under the National Labor Relations Act (NLRA), though they present different challenges for both employers and unions in terms of legal compliance and strategic effectiveness.
The legal protections for salting are primarily established through the National Labor Relations Act (NLRA) and subsequent National Labor Relations Board (NLRB) decisions. Section 7 of the NLRA guarantees employees the right to engage in concerted activities for mutual aid or protection, including union organizing activities.
NLRA Section 7 Protections
Section 7 explicitly states:
“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
This foundational protection extends to salts who are engaging in legitimate organizing activities. The NLRB has consistently interpreted this to mean that employers cannot discriminate against applicants or employees based on their union affiliation or organizing activities.
NLRB Enforcement Mechanisms
The NLRB serves as the primary enforcement agency for these protections through:
Employers found to have discriminated against salts may face significant remedial requirements, including reinstatement, back pay, and mandatory postings acknowledging violations.
Several landmark Supreme Court and NLRB decisions have shaped the legal landscape governing salting activities. These cases establish the fundamental protections and parameters for both salts and employers.
NLRB v. Town & Country Electric (1995)
In this watershed Supreme Court decision, the Court unanimously ruled that paid union organizers who seek employment with a company for organizing purposes qualify as “employees” under the NLRA and are entitled to the Act’s protections.
Key Holdings:
This decision firmly established the legal legitimacy of salting as an organizing tactic and significantly expanded union organizing rights.
Toering Electric Company (2007)
In this case, the NLRB modified its approach to salting cases by requiring evidence that alleged discriminatees were genuinely interested in employment, rather than merely going through the application process to set up potential discrimination claims.
Key Holdings:
This decision provides employers with some protection against bad-faith applications while preserving legitimate salting activities.
Oil Capitol Sheet Metal (2007)
This decision changed how the NLRB calculates back pay in salting cases, requiring the General Counsel to produce affirmative evidence that the salt would have remained with the employer for the claimed back pay period.
Key Holdings:
These refinements to remedial calculations have significantly impacted the financial implications of discrimination against salts.
While salting activities are protected under the NLRA, employers retain certain rights regarding hiring, discipline, and termination decisions. Understanding these boundaries is essential for legal compliance.
Legitimate Hiring Criteria
Employers may:
However, employers may not:
Performance Expectations and Discipline
Employers have the right to:
The key compliance factor is consistency—workplace rules must be applied equally to all employees regardless of union affiliation or organizing activities.
The digital transformation has revolutionized traditional salting tactics, creating new organizing methodologies that combine physical workplace presence with digital outreach strategies. These evolving approaches present both opportunities and challenges for unions and employers alike.
Virtual Organizing Platforms
Modern salts increasingly utilize digital tools to enhance their organizing capabilities:
According to a 2023 study by the ULA Network, unions employing digital organizing tools alongside traditional salting tactics reported 37% higher success rates in achieving representation elections compared to those using traditional methods alone.
Social Media Integration
Social media has become an essential component of modern salting strategies:
Number Analytics reports that union organizing campaigns utilizing coordinated social media strategies alongside in-person salting achieved 42% higher employee engagement compared to traditional organizing approaches.
Data-Driven Targeting
Advanced analytics now inform strategic decisions about where and how to deploy salts:
This targeted approach has significantly increased the efficiency of salting operations while reducing resource expenditure on less promising targets.
Salting tactics vary significantly across industries, with unions adapting their approaches to address sector-specific challenges and opportunities. Understanding these variations provides valuable context for both employers and organizers.
Construction Industry
The construction industry has historically been the most frequent target for salting campaigns due to several factors:
According to industry data from the Associated Builders and Contractors, approximately 65% of documented salting cases occur in the construction sector, with electrical contractors and specialty trade contractors being the most frequent targets.
Healthcare Settings
Healthcare presents unique challenges and opportunities for salting campaigns:
Recent NLRB cases indicate a 28% increase in healthcare-related salting complaints between 2020-2025, reflecting unions’ growing focus on this sector.
Retail and Service Sectors
The retail and service industries present distinct characteristics affecting salting strategies:
Industry data shows that successful retail salting campaigns typically focus on larger establishments with 50+ employees, where worker communication networks are more developed but management oversight may be less consistent.
Organizations can maintain legal compliance while protecting legitimate business interests through thoughtful policies and practices that respect both employer prerogatives and employee rights under the NLRA.
For Employers
Implementing these best practices can help employers navigate the legal complexities of potential salting activities:
Documentation and Consistency
Manager Training
Lewis Rice and other leading law firms emphasize that manager training is the single most effective preventive measure against unintentional NLRA violations.
For Unions
Unions can maximize salting effectiveness while minimizing legal challenges through these approaches:
Strategic Planning
Legal Safeguards
Is salting legal under federal labor law?
Yes, salting is legal and protected under the National Labor Relations Act. The U.S. Supreme Court unanimously confirmed in NLRB v. Town & Country Electric (1995) that paid union organizers who seek employment with an organization for the purpose of organizing its workforce qualify as “employees” under the NLRA and are entitled to the Act’s protections against discrimination.
Can employers refuse to hire applicants they suspect are salts?
No, employers cannot legally refuse to hire qualified applicants based on their union affiliation or organizing intentions. Doing so constitutes discrimination under Section 8(a)(3) of the NLRA. However, under the NLRB’s Toering Electric decision (2007), employers may reject applicants who cannot demonstrate a genuine interest in employment.
What questions can employers legally ask during interviews to screen for salts?
Employers cannot directly ask about union membership or organizing intentions during interviews. Questions must focus on job-related qualifications, experience, and availability. Legal questions include those about:
Questions about union membership, views on unions, or involvement in organizing activities are unlawful. The EEOC provides guidelines on legal pre-employment inquiries.
Can employers terminate employees who engage in organizing activities?
No, employers cannot legally terminate employees for engaging in protected organizing activities. However, employers retain the right to enforce legitimate workplace rules and performance expectations, provided they do so consistently for all employees regardless of union affiliation. Termination must be based on legitimate, documented performance issues or rule violations, not organizing activities.
How has digital technology changed salting tactics?
Digital technology has significantly expanded salting capabilities through:
These digital tools have made organizing efforts more efficient and harder to detect while increasing the potential reach of individual organizers. For more information, see the Labor Notes digital organizing resources.
What industries are most commonly targeted by salting campaigns?
The construction industry has historically been the most frequent target for salting campaigns, accounting for approximately 65% of documented cases. However, healthcare, retail, and hospitality sectors have seen significant increases in salting activity in recent years. The manufacturing sector, once a primary focus, has seen declining salting activity due to heightened security measures and more intensive hiring processes.
What remedies are available if an employer discriminates against a salt?
When discrimination is found, the NLRB typically orders:
The 2007 Oil Capitol Sheet Metal decision modified how back pay is calculated in these cases, requiring evidence of how long the salt would have remained employed.
How can employers protect legitimate business interests while remaining compliant?
Employers can protect their interests by:
The key is ensuring all policies and practices are based on legitimate business needs rather than anti-union animus. The Society for Human Resource Management offers resources on lawful management practices.
Are there differences between state and federal protections for salting?
Yes, some states provide additional protections beyond federal law. For example:
However, federal law establishes the minimum baseline of protections that apply nationwide. Employers must comply with both federal and applicable state laws.
What trends are emerging in salting practices for 2025 and beyond?
Key emerging trends include:
These trends reflect broader shifts in both labor organizing strategies and workplace structures in the digital age. For more on future trends, visit the Cornell ILR School’s Labor and Employment Law Program.
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