8/25/25 NLRB Issues GC Memo on Investigating Salting Cases
August 25, 2025
The Acting General Counsel of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, providing updated guidance on “salting” cases. The memo states that salting is “the act of a trader union in sending a union member or members to an unorganized jobsite to obtain employment and then organize the employees.” These prospective employees are sometimes referred to as “salts.” The memo, issued July 24, 2025, is not legally binding but is guidance signaling that the NLRB is less likely to pursue salting cases if the applicant cannot show they had a “genuine interest” in the position.
NLRA Protections
All employees have protections under the NLRA due to their prospective-employee status. Employers cannot discriminate in hiring or employment on the basis of union membership, meaning they cannot refuse to hire a “salt” applicant. The exceptions to that general rule were unless the applicant engaged in conduct that is clearly intended to provoke a decision not to hire them or act antagonistically with the employer in a way that was wholly at odds with an intent to be hired.
Generally, to prove that an employer violated the law in a refusal to hire, the NLRB’s General Counsel Office has to prove:
That the employer was hiring or had concrete plans to hire; and
The applicant had experience or training relevant to the announced or generally known requirements; and
Antiunion animus contributed to the decision not to hire the applicant.
Changes to Initial Investigation Procedures
In this Memo, the GC instructed the regional investigators to first focus on obtaining evidence from the charging party, i.e. the union and/or the individual applicant, rather than initially asking the employer to provide documentation or testimony. The initial investigation should focus on collecting evidence as to whether an employee submitted an application, and whether the evidence showed a genuine interest in securing employment. If after the initial investigation no evidence exists to support the charging party’s allegation, the GC recommends dismissing the allegation.
For questions on this alert or labor relations, contact Barran Liebman attorney Nicole Elgin at 503-276-2109 or nelgin@barran.com.