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NLRB General Counsel Apparently Looking To Do Away With Scabby the Rat


I will be honest, the title of this post might have readers wondering who (or what) is Scabby the Rat.  For those unaware, Scabby the Rat is an inflatable 12 to 30 foot tall rat with claws raised, bloodshot eyes, and its teeth barred.  (See The New York Daily News link below for a picture of Scabby).  Scabby, who often appears at picket lines, is routinely photographed and has come to symbolize unions and their protests of employers using replacement (often referred to as scab) workers when a union strikes.  (Scabby has been around since 1990...and boasts over 8,000 Twitter followers.  Yes, really).  In fact, unions have long used inflatables to protest contractors that use non-union labor (known as secondary picketing).

For nearly three decades, courts and the National Labor Relations Board (“NLRB”) have held that inflatables, such as Scabby, are permitted on picket lines under federal labor laws. As well, these inflatables have also been found to be symbolic speech that is protected under the First Amendment.  While some union leaders have toyed with the idea of getting rid of Scabby in recent years, there has been a groundswell of support around Scabby with many rallying around him (or is it her?).  Nevertheless, management side attorneys are known to universally despise inflatables, especially Scabby, and have long fought to bar these inflatables from picket lines.

However, word leaked in recent weeks that NLRB General Counsel Peter Robb has been looking for a case that can be used to get rid of Scabby and related inflatables on picket lines.  Apparently, Robb wants to find a case for the NLRB to issue a decision that finds it unlawful to picket, strike, or handbill with Scabby (or related inflatables) present.  Last month, Robb caught the attention of many NLRB observers when he directed agency attorneys to revive a complaint by an Illinois excavation company that the NLRB had previously dismissed.  These NLRB observers have speculated this is the case that Robb believes will result in the NLRB ultimately finding inflatables on the picket line to be unlawful.  Whether this case, or another, will pass legal muster if challenged beyond the NLRB is up for debate.  Regardless, Scabby appears to be in the crosshairs of Robb.  Stay tuned.


For additional information:  https://news.bloomberglaw.com/daily-labor-report/death-to-scabby-trump-labor-counsel-aims-to-deflate-protest-icon

For a picture of Scabby the Rat:  https://www.nydailynews.com/opinion/ny-edit-save-scabby-20190123-story.html

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