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.
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 line. Unions have the right to publicize their issues even without a strike.
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 their issues even without a strike.
Picket lines themselves have a peculiar legal pedigree. Although threatening or coercive behavior is prohibited, the law acknowledges an element of confrontation inherent in a picket line. A picket line’s purpose is to discourage employees and third parties from entering the picketed establishment. The U.S. Supreme Court has held that “picketing is a m