Legal Opinion

Hartman Brothers Heating & Air Conditioning, Inc. v. National Labor Relations Board

Court of Appeals for the Seventh Circuit

Decided February 6, 2002No. 01-1321, 01-1549PublishedCited by 2 opinions

1Opinion of the Court

POSNER, Circuit Judge.

“Salting” is the practice whereby a union inserts its organizers into some employer’s workforce in the hope that they will be able to organize it. Though salts do not intend to remain in the company’s employ after the plant or other facility is organized, the Supreme Court has held that they are employees within the meaning of the National Labor Relations Act, implying that to fire or refuse to hire otherwise qualified salts merely because they are salts is an unfair labor practice because on the assumption that they are qualified the employer’s motive must be the…

2Cases cited19 opinions

  1. McKennon v. Nashville Banner Publishing Co.Supreme Court of the United States · 1995
  2. Perma Life Mufflers, Inc. v. International Parts Corp.Supreme Court of the United States · 1968
  3. Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
  4. V. Ray Summers v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Tenth Circuit · 1988
  5. National Labor Relations Board v. Town & Country Electric, Inc.Supreme Court of the United States · 1995

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3Cited by2 opinions

  1. State of Texas v. United States of AmericaDistrict Court, District of Columbia · 2012
  2. Hartman Brothers Heating & Air Conditioning, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 2002

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