Cutting the Salt Out: Tips for Avoiding Union Salting Charges
The strategy to avoid union salts is rather simple. But, simplicity does not mean easy. The process requires discipline. A salt is a paid union organizer that attempts to gain employment with a non-union employer for the purpose of either (a) organizing the employers workforce or (b) bringing a costly unfair labor practice charge for discriminatory hiring practices.
A “covert salt” is someone who conceals his union affiliation in order to gain employment with a non-union employer for the purpose of starting a union organizing campaign. Actually, conceal is an understatement. Covert salts actively lie to gain employment with a non-union employer. Covert salts apply for jobs under false names, social security numbers, and use bogus resumes.
An “overt salt” is someone who proudly announces his union affiliation for the opposite reason. He hopes you do not hire him because of his union affiliation. The National Labor Relations Act prohibits employers from refusing to hire someone because of his or her union affiliation or sympathizes. Unions count on novice employers to make the mistake of believing that they can refuse to hire a union member if they are a non-union employer. Even if the person applying for the job stated purpose is to organize your company, you cannot refuse to hire them on that basis. If the National Labor Relations Board determines that you discriminated against an individual based on his union affiliation, it can order you to hire the individual and worse order you to pay the individual (who is also being compensated handsomely by the union) the salary you would have paid him if you had hired him.
Believe it or not, the Supreme Court has declared the practice of salting legal.
However, while the deck is certainly stacked in favor of the unions, employers can still avoid union salts. But again, it takes discipline. Why is discipline so important in avoiding union salts? Because the steps you take to avoid union salts must be uniformly applied. Otherwise, a practice deployed only against a suspected salt will be evidence of your intent to discriminate.
- Show no animus towards unions.
First and foremost, if a overt salt applies for a job position and they are remotely qualified, you should interview him. However, the person conducting the interview cannot show any animosity towards the union whatsoever. A good initial interviewer would be someone that has the personality of drywall. Union salts are trained professionals. The will attempt to bait the interviewer into making a comment that proves your company has an animus towards organized labor. The person performing the initial interview should be trained to keep it boring as heck. Ask basic questions about employment history, skill level, desire salary, ect. Any questions posed to the interviewer about unions should be met with a blank stare or vague reply. By simply granting the covert salt an interview, you have significantly undercut the unions ability to bring a unfair labor practice charge against you.
2. Keep accurate records of ALL interviews.
The point is critical. Why? Because if the union files an unfair labor practice charge against your firm, you will be given an opportunity to convince the NLRB investigating office that the charge is meritless. If the agent agrees, no complaint will be filed.
It is important to keep records of all interviews not just interviews of overt salts because you need to be able to show uniform application of the interview process. Employers may even consider the bold step on audio or video recording interviews. However, before doing this you should confirm what your individual state law is on audio and video recording. Some states require consent for the person being recorded. (Stating that you record all interviews could be enough to scare away salts.)
It is also important to keep records of subsequent interaction with the overt salt. Typical overt salts do not actually want to work for your firm. Instead, they exist solely to trigger an unfair labor practice charge against you based on your alleged discrimination against them. Knowing this, you can use some reverse psychology by actually offering the overt salt a job. Usually, the overt salt offered a position will not call your office back. However, that will not deter the union from filing an unfair labor practice charge anyway. But, armed with records that you attempted to contact the salt and the boring interview where you showed no emotion concerning unions, it becomes almost impossible for the union to have a valid salting charge.
3. Follow up with references.
For those not bold enough to offer the salt a job, then employment must be denied on some neutral basis. Salts often fabricate resumes and employment history. Therefore, you need to call each reference and alleged former employer and ask about the salt. Of course, when performing this task, do not forget about step 2. Make sure to keep records of your contact with former employers. Also, this policy must be implemented with ALL applicants. You cannot simply chose to call former employers of suspected union salts. If the union salt’s references do not pan out or do not reply to your inquires (both highly likely) you can legally deny the salt employment because of your neutral policy of employing only those with positive feedback from former employers. Again discipline is key, the policy has to be applied consistently and with every applicant.
4. Institute a dishonesty policy.
For those without the ability to conduct adequate reference checks on each applicant, a dishonesty policy provides another avenue to prevent the employment of a covert salt that lies. This policy should be in writing and state that false information supplied to the employer on an application is grounds for immediate termination. It should be disclosed to the applicant at the time of the interview. I recommend having the applicant sign an acknowledgment of the policy. However, it does not end with simply having a policy. Remember the rule of uniformity. The policy cannot only be invoked against overt salts. Anyone who provides knowingly false information on an application has to be terminated and you need to be able to establish that you have terminated other based on this policy.
There are only a few of the steps you can take to prevent union salts from causing havoc. Of course, I am not going to give away all of my countermeasures in this blog post. But these are start.