Press Releases

Congressman Rick W. Allen (GA-12), a member of the House Committee on Education and the Workforce, recently re-introduced H.R. 4320, the the Truth in Employment Act.

This legislation would amend the National Labor Relations Act (NLRA) to protect small businesses and their employees from a coercive tactic used by large unions known as “salting,” which makes small businesses targets of harassment campaigns designed to increase forced unionization. Upon the bill’s introduction, Congressman Allen issued the following statement:

“Big labor and union bosses will stop at nothing to coerce more American workers into unionization, even if it means targeting small businesses in need of new employees. The deceptive practice called ‘salting’ is becoming more common across the country and is nothing more than a desperate attempt to strongarm non-union employers into unionizing their workforce without a vote—or forcing them to shut their doors. The Truth in Employment Act is necessary to ensure employers are not required to hire an employee who enters the hiring process for the purpose of unionizing a workplace or to put the nonunion company out of business. Access to a reliable workforce is often the number one issue facing employers, and this legislation is an important step to make certain job creators are free to use their valuable time and resources to hire workers who actually want to work.”

Mark Mix, President of the National Right to Work Committee:

“Because the vast majority of Americans have little or no interest in unionization, union bosses are increasingly turning to unionization tactics that don’t rely on worker support. They hope that by sending in 'salts' to bring chaos and litigation, employers will capitulate and turn their workers over to union bosses they never voted for. The National Labor Relations Board often sides with union agents in these matters, ruling against employers who did nothing more than fire paid agitators from an outside organization. Congressman Allen’s Truth in Employment Act blocks this union legal tactic by making it absolutely clear that employers are well within their rights to refuse to hire union salts. Congress should pass the Truth in Employment Act to protect workers from being deceived and harassed at work by agents of a union that only want to take dues money out of their paychecks.”

Kristen Swearingen, Associated Builders and Contractors Vice President of Legislative and Political Affairs:

“ABC supports Rep. Allen’s Truth in Employment Act, which would amend the National Labor Relations Act to make it clear that an employer is not required to hire any person who seeks a job primarily to organize employees or put nonunion companies out of business—or both. This commonsense bill would alleviate the legal pressures imposed 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. This change would not infringe on any rights or protections otherwise afforded to employees under the NLRA. Simply put, given the skilled workforce shortage, job creators should not be forced to use precious time and resources to hire employees who do not intend to actually work.”

Background:

Salting applicants often openly identify as union organizers during the job hiring process, but at this stage, it is still too late. Employers are caught in a multi-step process:

1. If the employer hires the union job applicant, it gives the union the opportunity to begin a union election process or call for union recognition, even without a vote; OR
2. If the employer does not hire the union job applicant, or when an employer attempts to fire a union applicant who turns out to be a disruptive employee with the goal of unionizing from the inside, the union activist can file a claim citing an "unfair labor practice" charge on the employer.
3. Once a claim is filed, employers can either enter into a NLRB investigation or settle and allow unionization of a worksite.