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The Eighth Circuit Court of Appeals issued new guidance on when the NLRA will protect union “salting” campaigns, and when it will not. The new guidelines came out of a lawsuit involving the International Brotherhood of Electrical Workers and the recruiting Aerotek. Four IBEW members applied for positions with Aerotek, seeking to recruit new members. All four “salts” were upfront about their intentions to organize non-union sites and expose as many electricians to the IBEW as possible. After Aerotek refused to hire any of the four organizers, they filed a complaint with the NLRB. The administrative law judge who heard the case ruled in favor of the salts, stating that the company had violated sections 8(a)(1) and 8(a)(3) of the NLRA by refusing to hire any of them based on their union affiliation. On appeal the Eleventh Circuit upheld the decision as long as the NLRB’s general council shows the following: (1) the salt’s were genuinely interested in being employed with the employer in question; (2) the employer was hiring or had plans to hire; (2) the salt had relevant experience and was qualified for the position; and (4) anti-union animus had a clear influence on the employer’s decision not to hire the salt.