Take This With a Grain of Salt: Union Strategy Explained

Don't Pour Salt in Your Wounds: Handling Union Salts the Right Way

The term "salt" refers to the labor union tactic of salting. It sounds like it belongs on a table, but the term actually refers to people. Union organizers, to be specific. 

Here's how it works: 

Union organizers apply for jobs and get hired at a non-union workplace with the goal of unionizing the employees. They show up to work every day, and while they work, they become friendly with their co-workers. The goal is to use those friendships to build support for the union, disrupt the workplace, and ultimately encourage workers to vote for union representation. 

The term "salt" first appeared in the 1970s or 80s in labor circles. Union organizers described placing pro-union workers into a non-union shop as “salting” the workplace. It's a reference to scattering “seeds of salt” that would activate organizing. 

Many people are surprised when they find out the practice is 100% legal. 

In 1995, in NLRB v. Town & Country Electric, the US Supreme Court ruled unanimously (9–0) that paid union organizers who seek employment at a non-union company are considered “employees” under the NLRA. In that case, Justice Breyer wrote, "A worker may be both a company employee and a union organizer, and is protected by the NLRA in both roles."

So, not only can a salt work at the company, they're also allowed to be paid by both the company and the union. The only caveat? They must be able to perform the job duties. 

Third-party vendors, like cleaning companies, working on-site may also have certain protections. They can't count on the same rights your workers have, because they're not technically employees, but you still can't discriminate or fire them based on their union views. 

The same goes for job applicants during interviews. More on that topic here. 

Salt vs. Plant: Not the Same Seasoning

On the other hand, if an outside legal firm or the company itself employs people to do the same thing in reverse, it is against the law. In that case, it's called a "plant" or a "company spy." 

Section 8(a)(1) of the NLRA makes it illegal for an employer to interfere with, restrain, or coerce employees in exercising their right to organize. 

Hiring or placing someone to pose as a regular employee in order to watch, report on, or interfere with union activity is considered unlawful surveillance. If discovered, an unfair labor practice charge (ULP) can be filed against the company. If an employer rejects an applicant or fires an employee solely because they are suspected of being a salt, the NLRB can order reinstatement and back pay.

So, the salt only flows in one direction. 

I should note that it is legal to discipline a salt for legitimate misconduct. If they violate attendance, safety, or performance standards applied equally to all, they can lawfully be subject to corrective action.

Don't Get Salty

If you think you have a salt in your midst, the first rule of thumb is to avoid overreacting. Since the salt is there legally, saying the wrong thing, or retaliating against them, exposes the company to serious liability. Instead, tread carefully. Work closely with experienced labor counsel. If a suspected salt is driving activity, counsel can help craft a lawful response strategy.

If you would rather not have a salt actively promoting union activity at your workplace, taking preventative steps is your best bet: 

You can tighten up the language in your employee handbook about what can and can't happen in the workplace, during work time and in work areas. Then, document that change to employees. Overly broad “no solicitation” rules, for example, are a common trap. The key, then, is to enforce them consistently. 

For example, if you've always permitted employees to distribute literature (e.g., fundraisers, bake sales, sports pools, or event flyers), you'll most likely have to let the union do the same. If, in the past, you've allowed outsiders to come in and give presentations to employees (e.g., an insurance broker presenting open enrollment details, a blood drive, charity, college or military recruiters) it's possible you'll have to allow the union to do so as well. "Fair is fair," the law will say. If you don't like it, but never prevented it before, you may not have a choice. 

Proactive Steps You Can Take Now

Do	Don't
Keep policies neutral and enforce them consistently under the NLRA.	Target or single out employees for suspected union activity.
Train supervisors on what they can say and what they must avoid.	Interrogate employees about views, meetings, or petitions.
Use factual, transparent communication about process and rights.	Promise benefits or imply rewards for rejecting a union.
Apply attendance, performance, and conduct rules evenly.	Discipline based on protected activity or suspected “salting.”
Address real workplace concerns that drive organizing interest.	Ignore morale, pay equity, scheduling, or safety feedback.
Consult experienced labor counsel early and often.	Wait until a charge is filed before seeking legal guidance.

Bottom line: You can’t stop a salt from being hired or working, and you can’t punish them for organizing. What you can do is maintain strong, lawful management practices, bring in the right legal team, address workplace concerns proactively, and make sure supervisors are trained to avoid ULPs.

This article is not intended to substitute for legal advice. It is provided for informational and educational purposes only. Salting is one area where company missteps are common. 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 before they act.