Employment Litigation · Primary-source case analysis

Town & Country: A Paid Union Organizer Could Also Be the Employer’s NLRA Employee

By Aneeta Mishra and Timothy Chan

Published August 20, 2026

NLRB v. Town & Country Electric, Inc. involved union members who applied for electrical work while intending to organize the nonunion contractor and receiving compensation from the union.

Common-law service and union payment could coexist

A worker can serve an employer under its direction while also acting for and being paid by a union; dual economic interests did not make employee status impossible.

The Board’s interpretation fit the NLRA

The Act’s broad employee definition and organizing protections supported treating paid organizers as employees and applicants protected from anti-union discrimination.

Status did not decide every misconduct issue

The holding did not immunize dishonesty, disloyalty, poor performance, or other legitimate grounds for refusal to hire or discharge.

Current Board law controls application

Salting, applicant standing, genuine interest in employment, remedies, and evidentiary burdens have developed in later cases. The current Board and circuit rule must be checked.

Key takeaways

• Separate employee status from alleged misconduct or qualification issues.
• Preserve job applications, interview notes, and hiring criteria.
• Identify evidence of management knowledge and anti-union motive.
• Apply current NLRB applicant and salting doctrine to the facts.