Legal Definitions - salting

Salting is a specific tactic used in labor law by a union to organize a company's workforce. It involves a union sending one of its paid employees, often referred to as a "salt," to apply for and secure a job at a company that does not currently have a union. The primary objective of this individual is to work as a regular employee while discreetly and legally advocating for unionization among their new colleagues. The "salt" aims to educate the existing workforce about the potential benefits of joining a union and to encourage them to organize from within the company.

Under federal labor law, once hired, these union organizers are considered legitimate employees of the nonunion company. This status grants them protections under statutes like the National Labor Relations Act, meaning they cannot be discriminated against or fired solely for their union organizing activities, as long as those activities comply with company policy and do not interfere with their job performance.

Here are a few examples to illustrate how salting might occur:

• Imagine a large, non-union landscaping company that has a reputation for paying lower wages than unionized competitors. A labor union representing landscape workers decides to target this company for organization. They hire an experienced landscaper who is also a trained union organizer. This individual then applies for a crew leader position at the non-union company. Once hired, they perform their job duties diligently, but during breaks and after work, they subtly engage coworkers in conversations about fair pay, benefits, and the advantages of collective bargaining, aiming to build support for a union.

  This scenario illustrates salting because a paid union employee (the landscaper/organizer) takes a job at a non-union company (the landscaping firm) with the specific intention of organizing the existing workforce by discussing union benefits and encouraging collective action.

• Consider a regional chain of non-union auto repair shops. A mechanics' union identifies one particular shop with high employee turnover and inconsistent safety practices as a potential target. The union employs a skilled mechanic who then applies for an open technician position at that shop. While working, this "salt" builds rapport with fellow mechanics, shares information about better wages and safer working conditions at unionized shops, and discreetly assesses their interest in forming a union to address their concerns.

  Here, a union organizer (paid by the mechanics' union) secures employment at a non-union auto repair shop. Their actions—building trust, sharing information about improved conditions, and gauging interest—are all part of the salting strategy to encourage unionization among the current employees.

• A union representing healthcare support staff targets a newly opened, non-union assisted living facility. They dispatch a certified nursing assistant (CNA) who is also a union representative to apply for a position. While performing their duties caring for residents, the CNA observes staffing levels, learns about employee grievances regarding workload and scheduling, and, over time, begins to educate fellow CNAs and other support staff about their rights to organize and how a union could help improve their working conditions and job security.

  This example demonstrates salting as a paid union representative (the CNA) takes a job at a non-union healthcare facility with the specific goal of understanding the workplace environment and then informing and encouraging their colleagues to form a union.