On July 24, 2025, the National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen released Memorandum GC 25-08, updating the investigative framework for salting cases—where union organizers seek employment at non-union companies to promote unionization. This guidance sharpens scrutiny on the genuine interest of ‘salts’ in employment, balancing union rights with employer protections. Understanding this development is crucial for employers, HR professionals, and labor law practitioners navigating hiring practices, compliance risks, and union organizing efforts. Here’s a detailed look at the memo’s key points, legal background, practical impacts, and how companies can adapt to this evolving regulatory landscape.
Key Points of the Memorandum
- Increased Scrutiny: The memo emphasizes a closer examination of the motivations behind the employment applications of union organizers.
- Balance of Rights: It aims to balance the rights of unions to organize with the protections afforded to employers.
- Guidelines for Compliance: Employers are provided with specific guidelines to ensure compliance with the updated standards.
Legal Background
The updated framework builds upon existing labor law, which recognizes both the rights of employees to organize and the rights of employers to protect their business interests. This legal complexity can lead to disputes over union organizing tactics.
Practical Impacts
- For Employers: Companies must be vigilant in assessing job applicants’ intentions to navigate potential compliance issues.
- For HR Professionals: Updating hiring practices to align with the memo is critical to mitigate risks.
- For Labor Law Practitioners: Understanding this memo is essential for providing accurate guidance to clients.
Adapting to Regulatory Changes
To adapt to the evolving regulatory landscape, companies should:
- Review and update hiring procedures.
- Train HR personnel on identifying potential ‘salting’ tactics.
- Consult legal experts for tailored advice.
