NLRB Alters Standard In Hiring Bias Suits

Law360, New York (October 9, 2007, 12:00 AM EDT) -- A 3-2 decision by the National Labor Relations Board has raised the bar for filing hiring discrimination lawsuits in order to prevent job applicants who are not genuinely interested in seeking a position with a company from bringing unfair labor practice allegations if they do not gain employment.

The NLRB’s Sept. 29 ruling in Toering Electric Co. makes it more difficult for “salts,” or union professional organizers and agents who act as plants to intentionally challenge nonunion companies, from pursuing hiring bias suits. Unions use “salting”...
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