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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).
The Board’s decision lays to rest former General Counsel Peter Robb’s attempt to bring renewed scrutiny to the use of the inflatable rat and other forms of “bannering” against neutral employers as a form of secondary activity that Congress intended to prohibit under Section 8(b)(4) of the Act.
The NLRB Protects Scabby the Rat
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Scabby The Rat to Remain a Fixture at Union Protests | Fisher Phillips
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