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* NLRB yesterday…
In a decision issued today in Lippert Components, Inc. 371 NLRB No. 8 (2021), the National Labor Relations Board found that a union did not violate the National Labor Relations Act by displaying a 12-foot inflatable rat with red eyes, fangs, and claws (“Scabby the Rat”) and two large banners, one targeting a neutral employer (Lippert Components), near the public entrance to a trade show. The prior General Counsel had alleged that the display of these items was unlawfully coercive, arguing that the Board should overrule precedent. The Board had earlier issued a notice and invitation to file briefs on that question.
Three members of the Board joined in an opinion dismissing the complaint. In her separate concurrence, Chairman McFerran expressed her belief that the outcome of this case was required by Board precedent. In their separate concurrence, Members Kaplan and Ring agreed that the complaint must be dismissed here to avoid creating a possible conflict with the First Amendment, but expressed disagreement with some aspects of prior precedent. Member Emanuel, dissenting, would have found the banner and rat display to violate the Act.
The decision is here.
* The case was filed against Local 150 of the Operating Engineers. From the union…
Wednesday afternoon, the National Labor Relations Board (NLRB) released a 3-1 decision dismissing the Lippert Components lawsuit that sought to limit unions’ use of “Scabby the Rat” and other inflatables in labor disputes.
The case initiated over the International Union of Operating Engineers Local 150’s use of an inflatable rat to protest Lippert’s Components at the entrance of a trade show in September 2018. An NLRB administrative law judge dismissed the case in 2019, but former NLRB General Counsel Peter Robb intervened, believing that the use of inflatable rats is unlawfully coercive and that NLRB and court precedent should be overturned to restrict their use. Robb, appointed by former President Trump, initiated and revived several lawsuits against unions who had used inflatable rats in strikes and public demonstrations.
Wednesday’s decision upheld Scabby’s longstanding free speech protection, stating that Lippert’s opinion that the display was “embarrassing does not outweigh the First Amendment rights of the union.” Over the past 20 years, federal courts and the NLRB have found that inflatable rats are protected tools of free speech and are afforded First Amendment rights.
“We are pleased with this decision, and have believed since the outset that Scabby’s rights would be affirmed, as they have been time and time again for 20 years,” said James M. Sweeney, President-Business Manager of the International Union of Operating Engineers Local 150. “An attack on Scabby the Rat is an attack on workers’ right to free speech, and we must all stand united against such attacks. The use of these rats draws public attention to employers’ crimes and mistreatment of their employees, and so it is no surprise that powerful interests would want to ban their use, but we will never stop fighting to protect workers’ voices – or Scabby’s.”
Local 150 pioneered the use of the inflatable rat, commissioning the very first one in 1988. Local 150 member Lou Mahieu was awarded a jacket for submitting the name “Scabby” in a 1989 naming contest, held by the union in its member newspaper.
* Scabby…
Caption?
posted by Rich Miller
Thursday, Jul 22, 21 @ 2:10 pm
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Comment by Cheryl44 Thursday, Jul 22, 21 @ 2:16 pm
“… and… in the end, it was rats and cockroaches that survived, even inflatable ones.”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:17 pm
(Pointing inflatable) “Look ober dare, fellas, it’s IPI”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:18 pm
(Pointing inflatable) “Dare he is, Bruce Rauner, get em”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:20 pm
“Oh, rats!”
Comment by workingfromhome Thursday, Jul 22, 21 @ 2:20 pm
(Pointing inflatable) “Youse tried to cancel me, I cancel you”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:23 pm
“You took your first pinch like a man and you learn two great things in your life. Look at me, never rat on your friends and always keep your mouth shut.”
Comment by Dysfunction Junction Thursday, Jul 22, 21 @ 2:25 pm
Scabby the inflatable rat, visually demonstrating that unions are often full of hot air.
Comment by Moved East Thursday, Jul 22, 21 @ 2:25 pm
Inflatable rat points out the masonry crumbling across the street, done by non-union bricklayers
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:26 pm
“We head dare next, fellas, Wisconsin”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:27 pm
“Yeah, let’s go get lunch somewhere else.”
Comment by Ron Burgundy Thursday, Jul 22, 21 @ 2:28 pm
“Look… See dose unsafe work conditions, that’s a scab sight all right.”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:30 pm
We would’ve gotten away with it, if it weren’t for you pesky union members!
Comment by Techie Thursday, Jul 22, 21 @ 2:30 pm
“Dat, my friends, is da building ware da ILGOP has an office. Dey useda understand, maybe de’ll understand now”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:32 pm
Rauner’s All Stars
Comment by Shield Thursday, Jul 22, 21 @ 2:34 pm
“Yeah, it does take tree of us to do what one could easily do, what’s it to ya? It’s in the contract, talk to Business Agent, he’s ober dare”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:35 pm
(Middle rat)- “C’mon…I dare ya…pull my finga (Banned punctuation).”
Comment by Anon221 Thursday, Jul 22, 21 @ 2:36 pm
Bite me.
Comment by Huh? Thursday, Jul 22, 21 @ 2:37 pm
“I’m just saying, dat place ober dare, Dey got real rats, they’ll pop you so fast da air leavin’ ya will whistle”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:37 pm
“Hey, was that Jimmy Cagney?”
Comment by Bigtwich Thursday, Jul 22, 21 @ 2:41 pm
“Ober dare, brudders, is a Local 150 worker, doin’ dare ting. It’s beautiful”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 2:43 pm
At Local 150 we protect rats, not women.
Hopefully, they are complying with the sexual harassments suits filed against their leadership with the same vigor.
Comment by Squints Thursday, Jul 22, 21 @ 2:47 pm
Scabby is cool…unless you’re a scab.
Comment by Dotnonymous Thursday, Jul 22, 21 @ 2:52 pm
Didn’t I see this picture already:
https://capitolfax.com/2021/07/13/question-of-the-day-3292/
Comment by Steve Rogers Thursday, Jul 22, 21 @ 2:54 pm
My first reaction at looking at the picture was “Oh Boy, OW is going to have fun with this one!!” LOL. And out of the first twenty comments, 11 are from OW. He is on fire!!
Also a hat tip to Cheryl and Dysfunction for their captions!
Comment by Big Jer Thursday, Jul 22, 21 @ 2:56 pm
LOL @ SR @ 2:54 U R a Bad man…..
Comment by Are You Kiddin' Me? Thursday, Jul 22, 21 @ 2:59 pm
The middle rat seems to be saying ‘How you doin’
One of the many things I miss about downtown is seeing scabby…
As for a caption.
“Ed Burke did not like the reminder of how the feds had him on tape”
Comment by OneMan Thursday, Jul 22, 21 @ 3:00 pm
Also SR, nice…
Comment by OneMan Thursday, Jul 22, 21 @ 3:01 pm
Halloween decorations go up earlier every year
Comment by Rabid Thursday, Jul 22, 21 @ 3:04 pm
Scabby the Rat is brought to you by the creators of Squeezy the Python.
Comment by EssentialStateEmployeeFromChatham Thursday, Jul 22, 21 @ 3:05 pm
@Squints, you sound bitter. Thanks to Rauner the Unions are stronger than ever.
Comment by The Dude Abides Thursday, Jul 22, 21 @ 3:07 pm
“Maybe dey got cheese ober by dare”
(Humbly tipping cap to - Big Jer -)
Comment by Oswego Willy Thursday, Jul 22, 21 @ 3:10 pm
- Steve Rogers -… whew. That’s gnawing.
“Dats usually our corner but someone put up a bouncy house before we go dare”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 3:15 pm
“Yeah… yeah you… say dat again and I’ll show ya my union bug…”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 3:19 pm
“150: “An attack on Scabby the Rat is an attack on workers’ right to free speech”
To attract these rats…follow the law, select the lowest cost prevailing wage contractors and if they happen to be non-union. Boom - the Rats show up.
Comment by Donnie Elgin Thursday, Jul 22, 21 @ 3:20 pm
“Oh… sure… no problem. Go *that* way, 4 blocks, make a right, you’ll see The Bean… you’re welcome… thank you, you too”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 3:22 pm
“Dat’s the Thompson Center. It’s gonna be a water park”
Comment by Oswego Willy Thursday, Jul 22, 21 @ 3:26 pm
Youse sumting else if youse fees fees are triggered by us.
Comment by Huh? Thursday, Jul 22, 21 @ 3:43 pm
Stupid hoomans, they think we’re inflatable.
That Union breeding program has been an amazing success.
Comment by Bruce( no not him) Thursday, Jul 22, 21 @ 3:53 pm
“lowest cost prevailing wage contractors”
No such thing. Contractors bidding on a publicly funded jobs, paying all pay the same wage for a particular labor classification.
Prevailing wages are determined by the county in which the work occurs.
Operator union members are paid based in the machine they are operating.
Comment by Huh? Thursday, Jul 22, 21 @ 4:02 pm
The Rat Pack lives on.
Comment by 47th Ward Thursday, Jul 22, 21 @ 4:12 pm
Honestly no caption required. Scabby always makes me smile because he’s doing good work. Even more when he’s hanging with his buds.
Comment by Banish Misfortune Thursday, Jul 22, 21 @ 5:10 pm
Not a caption, so my apologies for breaking rule.
I hate these damn things wherever a union protest shows up. It’d be one thing if they didn’t continually obstruct the public way (sidewalks, bike lanes, etc), but these folks are so narrowminded they have no regard for the rest of their surroundings. You want to get into a very interesting argument with folks? Bring this up to the picketers and remind them their grievance is compromising the larger community by endangering passersby who inevitably must venture out into a traffic lane. Good times, and I’ll continue to poke the rats.
Comment by Matty Thursday, Jul 22, 21 @ 6:09 pm
Is it a Chicago City Council meeting or a Democratic party meeting?
Comment by Out of Illinois Thursday, Jul 22, 21 @ 6:16 pm
Diverse rat coalition practices for Thanksgiving parade.
Comment by Amalia Thursday, Jul 22, 21 @ 6:33 pm
The Chicago city council will now come to order. . .
put up many of those and Orland park was the best with the Chief having to give scabby back and a court case that says its first amendment protections
Comment by Todd Thursday, Jul 22, 21 @ 9:03 pm
Hi. I’m shabby the rat. My owner drove me here in a KIA.
Comment by Blue Dog Thursday, Jul 22, 21 @ 9:27 pm
Hi, my name is Larry, this is my brother Darryl and this is my other brother Darryl. We’ll do anything for a buck.
Comment by G'Kar Friday, Jul 23, 21 @ 12:26 am
Illinois created Scabby the Rat and pals have come a long way since their creation circa 1990 in Plainfield by Big Sky Balloons. Be sure to buy Illinois made products.
Comment by Nearly Normal Friday, Jul 23, 21 @ 7:36 am
===It’d be one thing if they didn’t continually obstruct the public way (sidewalks, bike lanes, etc)===
Do you know for a fact that Scabby was blocking the sidewalk in this case?
Most municipalities have easements and parkways.
The lawsuit specifically said Scabby was “was unlawfully coercive.” Funny how Lippert Components chose the more difficult thing to prove as their hill to die on.
Usually unions are aware of local ordinances and try not to get on the bad side of their municipalities, I know, being the veteran of pickets, we get the lecture every time beforehand about what we can and can’t legally do.
Comment by Da Big Bad Wolf Friday, Jul 23, 21 @ 9:45 am
Caption?
“We coerced you to look.”
Comment by Da Big Bad Wolf Friday, Jul 23, 21 @ 12:43 pm