Salting

Salting in Labor Relations: Complete Legal Guide for Employers and Unions

What is 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.

Types of Salting Activities

Salting typically manifests in two primary forms:

1. Overt Salting: When union organizers openly disclose their union affiliation and organizing intentions during the application or interview process. These individuals are transparent about their dual role as both workers and organizers.
2. Covert Salting: When union supporters apply for positions without revealing their union ties or organizing intentions. These individuals may later disclose their union affiliation once employed or may continue organizing discreetly.

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.

Legal Framework and NLRB Protections

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:

• Investigation of unfair labor practice charges
• Administrative hearings before Administrative Law Judges
• Board decisions on cases involving alleged discrimination
• Remedial orders including reinstatement and back pay
• Federal court enforcement of Board orders

Employers found to have discriminated against salts may face significant remedial requirements, including reinstatement, back pay, and mandatory postings acknowledging violations.

Key Legal Precedents and Case Law

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:

• Union salts qualify as “employees” under the NLRA
• Dual motivations (working and organizing) do not disqualify workers from NLRA protections
• Employers cannot refuse to hire otherwise qualified applicants because of their union affiliation

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:

• General Counsel must prove that the alleged discriminatee was genuinely interested in employment
• Applicant’s subjective intent is relevant to determining employee status
• The Board will consider evidence that an applicant deliberately concealed facts that would be disqualifying

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:

• Presumption that salts would have worked for indefinite periods no longer applies
• General Counsel must present affirmative evidence regarding how long a salt would have worked
• Relevant evidence includes union’s salting practices, instructions to salts, and comparable salts’ employment tenures

These refinements to remedial calculations have significantly impacted the financial implications of discrimination against salts.

Employer Rights and Limitations

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:

• Apply neutral hiring criteria consistently to all applicants
• Require specific qualifications, skills, or experience relevant to the position
• Verify employment history and check references
• Conduct background checks in accordance with applicable laws
• Reject applicants who lack genuine interest in employment (per Toering Electric)

However, employers may not:

• Implement hiring policies specifically designed to screen out union supporters
• Apply different standards to applicants suspected of being salts
• Question applicants about their union membership or activities
• Engage in surveillance to identify potential salts

Performance Expectations and Discipline

Employers have the right to:

• Establish clear performance standards for all employees
• Enforce workplace rules and policies uniformly
• Discipline employees for legitimate work-related issues
• Terminate employment for documented performance failures

The key compliance factor is consistency—workplace rules must be applied equally to all employees regardless of union affiliation or organizing activities.

Modern Digital Salting Strategies

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:

• Encrypted Messaging Apps: Platforms like Signal and Telegram enable secure communication between organizers and interested employees without company monitoring
• Digital Authorization Cards: Electronic union authorization cards streamline the signing process and allow for faster collection of signatures
• Virtual Meeting Spaces: Zoom, Microsoft Teams, and specialized organizing platforms facilitate off-hours organizing meetings that don’t require physical gatherings 

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:

• Workplace-Specific Groups: Closed Facebook groups or Discord channels create virtual spaces for employees to discuss workplace issues  
• Strategic Content Sharing: Organizers share targeted information about workers’ rights and union benefits tailored to specific workplace concerns
• Digital Testimonials: Video testimonials from employees at successfully unionized workplaces build credibility and momentum

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:

• Predictive Modeling: Unions use data analytics to identify workplaces with highest organizing potential
• Strategic Placement: Resources are allocated to positions with maximum organizing impact based on workplace mapping
• Real-time Adaptation: Digital feedback loops allow organizers to adjust tactics based on workplace response

This targeted approach has significantly increased the efficiency of salting operations while reducing resource expenditure on less promising targets.

Industry-Specific Salting Applications

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:

• Project-Based Employment: Short-term employment provides natural cover for salting activities
• Multi-Employer Worksites: Access to workers from multiple companies simultaneously
• Skills Transferability: Union members can easily demonstrate required qualifications
• Wage Differentials: Significant differences between union and non-union compensation create organizing opportunities

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:

• Credential Requirements: Professional licensing requirements may limit who can serve as salts
• 24/7 Operations: Multiple shifts create diverse organizing opportunities
• Mission-Driven Workforce: Appeals to quality of care and patient safety can be effective organizing themes
• High Turnover Areas: Departments with higher turnover (food service, environmental services) often serve as entry points

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:

• High Turnover Environment: Frequent hiring creates regular opportunities for placement
• Limited Screening: Less intensive hiring processes may facilitate easier placement
• Multi-Location Employers: Success at one location can create momentum across a chain
• Public-Facing Positions: Potential for community support and consumer pressure

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.

Best Practices for Legal Compliance

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

• Standardized Hiring Procedures: Document and consistently apply neutral hiring criteria
• Performance Management Systems: Maintain detailed records of performance issues and counseling
• Policy Distribution: Ensure all employees receive and acknowledge workplace policies
• Regular Audits: Periodically review employment practices for unintentional discrimination

Manager Training

• NLRA Compliance Training: Educate managers about protected activities and unlawful discrimination
• Interview Guidelines: Provide clear guidance on lawful interview questions and topics to avoid
• Documentation Protocols: Train supervisors on proper documentation of performance issues
• Response Procedures: Establish clear protocols for responding to organizing activity

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

• Documented Objectives: Clearly articulate organizing goals and timelines
• Salt Training: Provide comprehensive training on rights and responsibilities
• Communication Protocols: Establish secure reporting mechanisms
• Exit Strategies: Develop clear guidelines for conclusion of salting assignments

Legal Safeguards

• Pre-Application Review: Ensure salts’ applications are factually accurate
• Performance Expectations: Require salts to meet all legitimate job requirements
• Documentation: Maintain records of any potentially discriminatory treatment
• Coordination with Counsel: Establish protocols for legal support when needed

Frequently Asked Questions

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:

• Work experience and skills
• Availability and scheduling
• Career goals related to the specific position
• Willingness to comply with workplace policies

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:

• Secure messaging apps that facilitate protected communications
• Social media platforms that enable broader outreach
• Digital authorization cards that streamline the signing process
• Virtual meeting spaces that allow for off-site organizing
• Data analytics that inform strategic targeting

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:

• Reinstatement to the position (or instatement if not hired)
• Back pay for lost wages and benefits
• Removal of any disciplinary actions from personnel files
• Posting of a notice informing employees of their rights
• Cease and desist orders prohibiting future violations

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:

• Implementing neutral hiring criteria applied consistently to all applicants
• Maintaining detailed documentation of all employment decisions
• Training managers on lawful responses to organizing activity
• Establishing clear performance expectations for all employees
• Consulting with legal counsel when facing organizing campaigns

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:

• California prohibits mandatory employer meetings about unions 
• New York has expanded remedies for discrimination 
• Oregon restricts certain captive audience meetings

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:

• Integration of artificial intelligence in targeting and strategy development
• Hybrid organizing models combining physical presence with digital outreach
• Cross-industry salting campaigns targeting multiple employers simultaneously
• Increased focus on issue-based organizing rather than traditional union membership
• Greater coordination between traditional unions and alt-labor organizations

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.