this post was submitted on 21 Apr 2026
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Not that I'm aware of. However, I've never been asked about union sympathies across all the interviews I've performed, even at aggressively anti-union companies like Aldi, which points to it violating the NLRA. The NLRA is intentionally broad, I'd have to actually comb through section 8 to see if it truly applies to prospects.
I think the reason that the board chose to focus on employee vs prospective hire is because they're trying to predict the most common scenarios of violations.
Or they might be betting that the vast majority of people applying for their jobs in 2026 have barely even thought about unions, and so mentioning it would be a net negative as it would put it on their radar.
While that very well could be, I'd like to present another anecdote that continues to point to it being against the law. While I was interviewing for my current job at a fairly anti-union company, they were aware that I had already formed a union, the supposed "reason" I was fired from that job, and that I have an ongoing ULP for NLRA discrimination. The only thing they asked me about that situation was if I could maintain professional conduct (which has to do with why I was fired)