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INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and...
To embed, copy and paste the code into your website or blog: A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby the Rat”—and two 8-foot banners on the worksite of a neutral employer for the purpose of forcing the neutral employer to cease doing business with the primary employer with whom the union had a labor dispute. International Union of Operating Engineers, Local Union No. 150 (Lippert Components, Inc.), 371 NLRB No. 8 (July 21, 2021...
To print this article, all you need is to be registered or login on Mondaq.com. The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large inflatable rat, and large banners at the site of a neutral secondary employer constitute lawful secondary protest activity or is unlawful picketing or coercive conduct. In International Union of Operating Engineers, Local Union 150 ( Lippert Components, Inc.), the uni...
Monday, December 28, 2020 The National Labor Relations Board (NLRB) had invited briefs on bannering and displays of “Scabby the Rat,” the giant roadside inflatable rat (or other gruesome creature) used in many labor disputes. At issue is the conflicting labor law principles distinguishing between lawful publicity of a dispute and unlawful coercive conduct. Strikes and Picketing The National Labor Relations Act (NLRA) protects employees’ right to strike and the right to publicize that strike by peaceful picketing. However, a strike is not a prerequisite to having a picket li...
The National Labor Relations Board (NLRB) had invited briefs on bannering and displays of “Scabby the Rat,” the giant roadside inflatable rat (or other gruesome creature) used in many labor disputes. At issue is the conflicting labor law principles distinguishing between lawful publicity of a dispute and unlawful coercive conduct. Strikes and Picketing The National Labor Relations Act (NLRA) protects employees’ right to strike and the right to publicize that strike by peaceful picketing. However, a strike is not a prerequisite to having a picket line. Unions have the right to publicize...