The U.S. Court of Appeals for the District of Columbia Circuit ruled on April 3, 2009 in favor of a client of Venable attorney Maurice Baskin, dismissing a union challenge to a newly announced National Labor Relations Board policy on remedies to be applied in "salting" cases.
"Salting" is an organizing strategy in which paid or unpaid union supporters, called "salts," seek employment at a nonunion workplace with the goal of organizing the workforce.
In the case the court held that it was premature to consider two unions' challenge to the NLRB new evidentiary rule for determining back pay for “salts” in unfair labor practice cases. The court remanded the case to the NLRB for a compliance proceeding in which the NLRB's new policy will be applied.