Review the Town & Country decision and the text materials in Section 4:7, setting forth the Board’s FES framework for analyzing refusal-to-consider and/or hire cases and the Toering Electric Co. modification of the framework. Employers have been very reluctant to comply with the Supreme Court’s Town & Country decision, as evidenced by the many cases involving “salts” considered by the NLRB and the courts. Since the Supreme Court’s 1996 Town & Country decision, five anti-salting bills have been considered and have failed to pass in Congress, including the Truth in Employment Act of 2007 (H.R. 2670 and S.1520, 110th Cong. 2007). Does an administrative agency, the NLRB, have the power to change the law regarding the employee status of “salts” under the NLRA when Congress has considered but failed to make changes to the statute? Is the NLRB’s Toering Electric Co. decision an appropriate interpretation of the NLRA under the Chevron framework set forth in Section 2:17?