Trump Appointee Wants To Ban Union Inflatables

The NLRB General Counsel, a Trump appointee, has his sights set on union inflatables.

The National Law Review reports:

“‘Scabby the Rat’ and ‘Corporate Fat Cat’…beware.  A recent National Labor Relations Board (‘NLRB’ or the ‘Board’) Advice Memorandum has suggested that the use of oversized inflatable rats may constitute illegal secondary picketing.

In the Advice Memorandum released May 14, 2019, the Board’s General Counsel pressed the Board’s Chicago office to issue a Complaint against an IBEW local (the “Union”) that used the inflatable balloon of ‘Corporate Fat Cat’ (symbolizing the Employer) choking a construction worker at a neutral employer’s job site.  The Union also distributed handbills and displayed a banner in an attempt to force the general contractor to pressure a subcontractor to pay the ‘area standard’ wages and benefits.  The Union did not have a primary labor dispute with the general contractor, to which the banner and balloon were directed.

The U.S. Supreme Court long has held that handbilling (as opposed to picketing) at a neutral employer’s business is lawful, protected activity.  Three Board decisions issued during President Obama’s terms in office applied the same reasoning towards bannering and inflatable balloons.  In those cases, the NLRB concluded that a stationary banner was only a form of communication and not picketing, which is a combination of communication and conduct.  The Board’s reasoning extended to inflatable rats/cats; absent patrolling and/or blocking ingress or egress to a jobsite, the inflatables constitute lawful Union speech against a neutral.”

For the rest of the story, visit The National Law Review here.

Subscribe to the Labor 411 eNewsletter and support the nation's largest union directory!

By submitting this form, you are consenting to receive marketing emails from: Senders Communications Group, 21201 Victory Blvd. #235, Canoga Park, CA, 91303, You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

Featured Posts:

Kicking it up for Labor Union Night in Philly

There’s nothing like a bit of Union action to amp up the wattage at Talen Energy Stadium (TES). Labor will ...
Read More

Labor Leader Elected Head of California Democratic Party

By Paul Burton California Democratic Party (CDP) delegates elected Los Angeles labor leader Rusty Hicks as chairman of the state ...
Read More
The Westin

Leave a Reply