A May memo from the National Labor Relations Board (NLRB) general counsel that argued most non-compete agreements violate federal law could make it easier for professional union activists to infiltrate American companies, experts told the Daily Caller News Foundation. General Counsel Jennifer Abruzzo, appointed by President Joe Biden in 2021 and the top NLRB official in charge of investigating and prosecuting unfair labor practice cases, sent a memo on May 30 to regional directors informing them that non-compete agreements, which often prevent employees from seeking work in competition against their employer, are in most cases a violation of Section 7 of the National Labor Relations Act, signaling that the NLRB could bring litigation on the matter. In particular, Abruzzo said that non-competes unfairly restrict union activism, which experts told the DCNF takes away a key tool for employers to prevent the infiltration of “salts,” or employees who get hired at targeted companies primarily for the purpose of union activism.
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