Daniel Johns discusses in Law360 the July 24 memo issued by William Cowen, the acting general counsel of the National Labor Relations Board (NLRB). The memo provides updated guidance on “salting” cases, in which unions send applicants to employers for the purpose of organizing. Cowen directs NLRB regional offices to investigate applications’ authenticity, and suggests employers document hiring, monitoring organizing, and advertise positions judiciously. This memo represents a shift in tone from the NLRB and offers employers more defenses against salting.
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