Legislation introduced by Rep. Steve King (R-IA) and Sen. Jim DeMint (R-SC) would amend the National Labor Relations Act (NLRA) to allow employers to refuse to hire undercover union organizers, commonly known as “salts.” The Truth in Employment Act (H.R. 2808, S. 1227) was introduced with 19 co-sponsors in the House, and three in the Senate. Specifically, this bill would add the following provision to Section 8(a) of the NLRA:

Nothing in this subsection shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.

According to the findings section of this bill, the tactic of using professional union organizers and agents to infiltrate a targeted employer's workplace – known as “salting” – “has evolved into an aggressive form of harassment not contemplated when the [NLRA] was enacted and threatens the balance of rights which is fundamental to the system of collective bargaining of the United States.” One of the stated purposes of this bill is “to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business.”

Under current law, an employer cannot discriminate against a “salt” simply because of an alleged conflict of interest or due to “potential” violation of company policies. The employer does have the right to expect the salt to perform work in the normally expected manner. The extent of “salting” in use by unions is uncertain, as some salts identify their union affiliation and others do not.

The House version of the Truth in Employment Act has been referred to the House Committee on Education and Labor. The Senate companion bill has been referred to the Senate Committee on Health, Education, Labor and Pensions.