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Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible | Sheppard Mullin Richter & Hampton LLP

[co-author: Myles Moran ]
On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not violate the National Labor Relations Act (“NLRA” or “the Act”). This decision may come as a disappointment to many employers as the NLRB under the Trump administration had been making efforts to end what many felt was unlawful secondary picketing under the Act.
Scabby’s Prior History at the Board
At issue in this case is Section 8(b)(4)(ii)(B) of the Act, which makes it “‘an unfair labor practice for a labor organization … to threaten, coerce, or restrain’ a person not party to a labor dispute ‘where … an object thereof is … forcing or requiring [him] to … cease doing business with any other person.’” For decades, unions have displayed “Scabby the Rat,” an oversized inflatabl ....

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Scabby The Rat Inflatable: No Violation Under Labor Relations Act

Monday, July 26, 2021
On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not violate the National Labor Relations Act (“NLRA” or “the Act”). This decision may come as a disappointment to many employers as the NLRB under the Trump administration had been making efforts to end what many felt was unlawful secondary picketing under the Act.
Scabby’s Prior History at the Board
At issue in this case is Section 8(b)(4)(ii)(B) of the Act, which makes it “‘an unfair labor practice for a labor organization … to threaten, coerce, or restrain’ a person not party to a labor dispute ‘where … an object thereof is … forcing or requiring [him] to … cease doing business with any other person.’” For decades, unions have displayed “Scabby the Rat,” an oversized ....

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Scabby Survives Another Trip To The NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible - Employment and HR

Scabby Survives Another Trip To The NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible - Employment and HR
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The End of an Era? NLRB Holds Lawful Employer's Rules Restricting Employee Communications on Social Media, But This Pro-Employer Result May Be Short-Lived | Seyfarth Shaw LLP

Seyfarth Synopsis:
Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply divided between its Republican majority and Lauren McFerran, its sole Democratic member. In a strongly worded dissent, Member McFerran took issue with the ruling, signaling that this pro-employer stance may be on the NLRB’s chopping block once a Democratic majority is installed under the Biden Administration.
For many years, the direction of the National Labor Relations Board has sharply oscillated depending on which political party has comprised the majority of its Members, and the divide between Republican and Democratic Board Members has been especially sharp in cases involving employer rules and policies. Under the Obama Administration, the Board found that many common workplace policies were unlawful under the National Labor Relations Ac ....

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