• Unions are often recognized through a secret-ballot election.
• It is illegal to refuse to hire, or to terminate, salts.

Experience has shown that labor disputes can be lessened if the parties involved recognize the legitimate rights of each other. To establish these rights under law, Congress enacted the National Labor Relations Act (NLRA).

The NLRA defines the rights of employees to organize and to bargain collectively with their employers through representatives of their own choosing, or not to do so. To ensure that employees can freely choose their own representatives, or choose not to be represented, the Act establishes a procedure by which they can exercise their choice at a secret-ballot election conducted by the National Labor Relations Board (NLRB), a federal agency created in 1935 by Congress to administer the NLRA.

Further, to protect the rights of employees and employers, Congress has defined certain practices of employers and unions as unfair labor practices.

How are unions formed?

Generally, unions are recognized through a secret-ballot election. A secret-ballot election will be conducted only:

• When a petition requesting an election is filed, and
• Where at least 30 percent of eligible employees in a prospective bargaining unit have signed authorization cards indicating they want union representation.

Before the election is conducted, or before the NLRB is petitioned to conduct an election, there is usually a lot of activity, both from the employer and the labor organization, trying to present their side to workers who are deciding whether to vote for union representation.

Common methods labor organizations use to gain support are:

• Offsite meetings,
• Distribution of pamphlets,
• Placing of “salts” (individuals who get hired into the workplace, but whose primary purpose is to convince workers to organize), and
• Internet campaigns (websites, emails, chat rooms).

Employers are limited as to what they can do to stop unionization. A qualified professional or labor lawyer should be consulted.

Are employers required to hire salts?

Yes, but only if they would otherwise be hired. It is illegal to refuse to hire, or to terminate, “salts” simply because they have a union agenda. However, employers can choose another candidate based on qualifications or similar factors.