National Clothesline
A salt-free diet for your workforce
The National Labor Relations Board (NLRB), the government agency that
administers the nation’s principal labor law, is now stacked with appointees who most commentators say
support radical, pro-union policies.
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The National Labor Relations Act (also known as the Wagner Act and the
Taft-Hartley Act) gives employees the right to unionize, as well as the right
to refrain from unionization. The right to “refrain” is tempered by a section of the law that allows employers and unions to agree
to a union shop, which means that employees can be compelled to join the union
(or at least pay dues to the union) or be fired. This union shop provision does
allow individual states, however, to block union shop agreements by passing
what is commonly known as a “right to work” law. South Carolina has done so.
The National Labor Relations Act also protects employees who band together over
wages and employment conditions, even without a union. Company policies
prohibiting discussion of wages and salaries by employees have been found to be
illegal by the NLRB, so if you have one in your handbook, take it out. In
addition, the Act prohibits employers from using threats and promises to keep
employees from seeking unionization. Discrimination based on union activities
is also against the law.
Many years ago, unions started a practice that came to be known as “salting.” Unions would send members to non-union companies to get jobs, then organize the
company from the inside. The word “salting” comes from the practice, in the 1800s, of salting mines with gold to give
potential investors the impression that the mine was, literally, a gold mine.
Initially, unions were sneaky about salting, but that soon changed.
Unions started sending in members and union officials to apply for jobs at
non-union companies without hiding that they intended to unionize the company.
This would provoke employers into refusing to hire them, and then the union
could file unfair labor practice charges alleging discrimination.
Employers initially argued that since these salts were not really intending to
work for the employer after they unionized the company, they were not legally
protected employees under the National Labor Relations Act.
The Supreme Court, however, eventually ruled that union salts were protected.
This only encouraged unions to engage in more salting.
In many cases, the unions were hoping that the salts would not be hired, and
they could file charges that ultimately cost the employer a lot of money to
defend and possibly result in back pay settlements.
Congress is now trying to amend the law to make salts “non-employees.” That’s a good step, but the NLRB is still operating under the current law, and
salting is still a common practice.
Companies need to understand what they can and cannot do if they are targeted
for unionization. Very few employers have trained supervisors who know what to
do. In many cases, supervisors do not even know the company’s position on unionization, which in most cases is “I’m against it.” It is perfectly legal to be opposed to unionization, provided employee rights
are not violated by statements and actions the NLRB considers coercive.
In all honesty, drycleaners have not been a target of unionization efforts. That
could change, but even if unions continue to ignore the industry, that does not
mean that your company won’t hire an out-of-work union member who decides, on his own or with union
encouragement, to unionize your operation. For the company that finds itself
the target of a union organizing drive, there is little comfort in knowing that
most of his competitors will never be a target.
Regardless of your view of unions, you should understand your rights, the rights
of your employees, and the rights of the unions that might want to represent
your employees. Being unprepared only invites salting and the nightmares that
follow. Semper paratus (“Always prepared,” the motto of the U.S. Coast Guard).
