Interviewing the Salt: Job Interviews During A Union Drive
The Risky Questions That Shouldn’t Be Asked
The issue is that the chatter builds momentum and sometimes spills into places it shouldn’t, like conversations with frontline employees... or job interviews.
What feels like harmless talk can quickly result in unfair labor practice (ULP) charges being filed if not handled carefully.
Real case scenario: A well-meaning manager recently asked me, "Shouldn't I let them know what's going on, in case they have strong feelings about not working in a union environment?"
I see her point. She seemed to be coming from a good place. She would rather be up-front with people. To her, that means mentioning the upcoming vote.
I'm not sure she liked my answer. What can you bring up in an interview about unionization? Basically, nothing.
In that manager's opinion, she was giving them information, not trying to discern what their stance is on unions. I get it, and I believe her intentions were good.
The thing is, any conversation during the interview process that hints at union status, union activity, or willingness to support or oppose unionizing is risky.
Supervisors and HR should be aware that even casual, seemingly unrelated questions (“How do you feel about teamwork here?” with a wink) can be spun as interrogation, resulting in a ULP charge.
During a Union Drive, Interviewing is Not Business As Usual.
The safest course is to:
Train managers to stick to scripted, job-related questions: At this time, more than ever, it is best to stick to job requirements. Focus the conversation on skills, experience, certifications, availability, and ability to meet performance standards. Ask consistent questions, keeping them similar for all applicants. Hire experts to retrain your managers so that they don't inadvertently break the law.
Watch your answers as well: Experts can, and should, train your interviewers in general. If that has happened, you may already know that it is within a manager's legal rights to offer facts, opinions and experience (the acronym FOE is often used) about unions. Interviews are different. FOE is not a safe framework for job interviews. It's best to redirect the conversation altogether. If a statement is made like, “I support unions. Does that matter here?” It's best to answer with something like, "We hire based on job-related qualifications only. I can't discuss union matters in interviews."
Don’t probe for salting: Even if you suspect an applicant is a salt, it's illegal to ask questions to try to find out.
Use witnesses and document neutral reasons well: If interviews are usually conducted one-on-one, it's advisable during a union campaign to put a witness in the room. Then, if someone isn’t hired, keep a clear record of objective lack of qualifications. Avoid vague language like, "not a fit."
Revise job postings carefully: If postings are suddenly revised to screen out suspected salts, that can look suspicious.
Be aware you may be being watched: During campaign time, it's not uncommon for the union to watch for job postings and send salts as applicants. If several union sympathizers apply and all are rejected, the employer may have to show strong, documented, neutral reasons for each applicant they didn't hire. They may also need to prove that the person they ultimately hired was objectively better.
Continue to proceed with caution after the interview is over: Background checks are legal, if applied consistently, but rejecting someone because you discover union involvement is discriminatory. If you make reference calls, be aware that asking past employers about “union activity” is an unfair labor practice. Personal references could even be union organizers, who are trained to listen for any unlawful speech during the conversation. In fact, they may even be trained to coerce a manager into saying something they shouldn't. If you normally allow hiring managers to make calls like these, this would be a good time to restrict those calls to well-trained HR personnel only.
Bottom line: When a union vote is on the horizon, it's tempting to want to talk about it. In reality, interviews should be treated with extra care. The more managers resist the urge to let the campaign color their conversations, the less likely the company is to face unfair labor practice charges.
This article is not intended to take the place of legal advice. It is provided for informational and educational purposes only. Every workplace and situation is different, and labor laws are complex. Employers facing union activity or other labor relations issues should consult with qualified labor counsel to obtain advice tailored to their specific circumstances.
