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Union “Salting” Protections in the National Labor Relations Act Affirmed by Eighth Circuit

On February 21, 2018, the U.S. Court of Appeals for the Eighth Circuit issued an opinion upholding protections for union “salting” campaigns under the National Labor Relations Act (NLRA). A “salting” campaign involves union members’ recruiting potential members by applying for and accepting jobs at non-union work sites. In Aerotek Inc. v. National Labor Relations Board, four organizers of the International Brotherhood of Electrical Workers Union (IBEW) applied for placement with Aerotek, Inc., a nationwide staffing agency based out of Omaha, Nebraska. The organizers planned to recruit members from Aerotek’s non-union job sites. Aerotek ignored and ultimately did not place any of the organizers. Upholding the decision of the Administrative Law Judge (ALJ), the National Labor Relations Board (NLRB) determined that Aerotek’s refusal to place the union organizers violated the NLRA.

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