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Welcome Back, Scabby the Rat?

 

Following President Joe Biden termination of National Labor Relations Board General Counsel, Peter Robb, hours after taking office last month, Acting General Counsel, Peter Ohr, has wasted no time in undoing much of Robb’s work.

Those efforts to reign in some of the employer friendly policies and proposals pushed for by Robb have taken center stage, starting with Scabby the Rat.  Back on February 2nd, Ohr filed a Motion to Dismiss in International Union of Operating Engineers, Local Union No. 150, a/w International Union of Operating Engineers, AFL-CIO.  That case involved a union’s use of Scabby the Rat (a giant inflatable rat) at a public entrance to a trade show.  A charge was filed that the use of Scabby was improper as it could unlawfully coerce third parties to not to business with the employer, who the union was protesting.  An Administrative Law Judge recommended dismiss in the case.  However, the National Labor Relations Board (“NLRB”) issued a notice and sought briefs on the matter.  Robb filed a brief in the case and argued the union’s use of Scabby was an unlawful “secondary boycott.”

In Ohr’s February 2nd filing, he seeks to withdraw Robb’s brief and requests dismissal of the case.  Ohr goes on to argue that the union’s use of Scabby was lawful based upon precedent and prior NLRB decisions.

I would expect to see similar motions filed in another cases in the weeks and months ahead.  With the new administration wanting to take steps to turn the NLRB into a more labor friendly forum, these types of motions to dismiss might become more commonplace.


For a copy of the Motion to Dismiss:  https://apps.nlrb.gov/link/document.aspx/09031d458336f12f

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