Inflatable rats, Union rats, or Scabby rats, are giant inflatables in the shape of cartoon rats, commonly used in the United States by protesting or striking trade unions. They serve as a sign of opposition against employers or nonunion contractors, and are intended to call public attention to companies employing nonunion labor.
The first known inflatable rat was used by the International Union of Operating Engineers Local 150 in Plainfield, Illinois in 1989, according to photos from the Local 150 Engineer in November 1989, where it also launched a "Name the Rat" contest. [1] In January 1990, it announced that "Scabby" was the winning submission, coming from Local 150 member Lou Mahieu. [2] Other unions also began using inflatable rats in the 1990s to shame companies that employ nonunion labor. [3] [4] [5]
Employers have filed lawsuits charging that the use of the giant inflatable rats constituted unlawful picketing, and some courts have agreed. In May 2011, the National Labor Relations Board (NLRB) held that union use of an inflatable monster rat is not considered an unlawful activity when directed at a secondary employer. [6] [7] In 2011 National Labor Relations Board (NLRB) in Sheet Metal Workers Local 15, 356 NLRB No. 162 (2011) ruled that the inflatable rat did not constitute a signal picket, but instead, constituted symbolic speech which is not subject to secondary boycott rules. This holding allows the union not only to place the inflatable rats at neutral entrances, but also to place them at locations where the picketed company is absent. [8] In 2017, NLRB general counsel Peter B. Robb filed court motions seeking to change the previous policy, arguing that the presence of the inflatable rat was "confrontational, threatening, and coercive". [9] [10] Robb's complaint was set aside by a 3–1 vote of the NLRB on July 21, 2021. [11] [12]
While the inflatable rat sometimes varies in appearance and size, it generally features large teeth and grotesque features, particularly a scabby belly, [13] a reference to the nickname of "scab" that is given to strikebreakers and non-striking workers. Many unions have nicknamed the inflatable rat "Scabby the Rat," a name which originated from the International Union of Operating Engineers Local 150, who pioneered the use of the rat in 1989 and whose member Lou Mahieu won the "Name the Rat" contest with his submission of "Scabby". [2] [14]
As of 2003 [update] , the rats ranged from 6 to 30 feet (1.8 to 9.1 m) tall, but 12 feet (3.7 m) is the most popular height due to local laws limiting the height of inflatable objects on display. [15]
The inflatable rat appeared in the UK for the first time in 2012 [16] and again at the 2013 Grangemouth Oil Refinery dispute. [17]
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
Picketing is a form of protest in which people congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in, but it can also be done to draw public attention to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims but is generally to put pressure on the party targeted to meet particular demands or cease operations. This pressure is achieved by harming the business through loss of customers and negative publicity, or by discouraging or preventing workers or customers from entering the site and thereby preventing the business from operating normally.
The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act. Among the NLRB's chief responsibilities is the holding of elections to permit employees to vote whether they wish to be represented by a particular labor union. Congress amended the Act in 1947 through the Taft–Hartley Act to give workers the ability to decertify an already recognized or certified union as well. This article describes, in a very summary manner, the procedures that the NLRB uses to hold such elections, as well as the circumstances in which a union may obtain the right to represent a group of employees without an election.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 29 U.S.C. § 151–169 and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB).
The International Longshoremen's Association (ILA) is a North American labor union representing longshore workers along the East Coast of the United States and Canada, the Gulf Coast, the Great Lakes, Puerto Rico, and inland waterways; on the West Coast, the dominant union is the International Longshore and Warehouse Union. The ILA has approximately 200 local affiliates in port cities in these areas.
Union busting is a range of activities undertaken to disrupt or weaken the power of trade unions or their attempts to grow their membership in a workplace.
Protected concerted activity is a term of art in United States labor law that refers to the actions employees take to improve their working conditions that are protected from employer interference or retaliation under the National Labor Relations Act. These rights are found in "Section 7" of the National Labor Relations Act, and are often referred to as Section 7 protections.
The Remington Rand strike of 1936–1937 was a strike by a federal union affiliated with the American Federation of Labor (AFL) against the Remington Rand company. The strike began in May 1936 and ended in April 1937, although the strike settlement would not be fully implemented until mid-1940.
The 1905 Chicago Teamsters' strike was a sympathy strike and lockout by the United Brotherhood of Teamsters in the summer of 1905 in the city of Chicago, Illinois. The strike was initiated by a small clothing workers' union. But it soon spread as nearly every union in the city, including the Teamsters, supported the job action with sympathy strikes. Initially, the strike was aimed at the Montgomery Ward department store, but it affected almost every employer in the metropolitan region after the Teamsters walked out. The strike eventually pitted the Teamsters against the Employers' Association of Chicago, a broad coalition of business owners formed a few years earlier to oppose unionization in Chicago.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
The history of union busting in the United States dates back to the Industrial Revolution in the 19th century. The Industrial Revolution produced a rapid expansion in factories and manufacturing capabilities. As workers moved from farms to factories, mines and other hard labor, they faced harsh working conditions such as long hours, low pay and health risks. Children and women worked in factories and generally received lower pay than men. The government did little to limit these conditions. Labor movements in the industrialized world developed and lobbied for better rights and safer conditions. Shaped by wars, depressions, government policies, judicial rulings, and global competition, the early years of the battleground between unions and management were adversarial and often identified with aggressive hostility. Contemporary opposition to trade unions known as union busting started in the 1940s, and continues to present challenges to the labor movement. Union busting is a term used by labor organizations and trade unions to describe the activities that may be undertaken by employers, their proxies, workers and in certain instances states and governments usually triggered by events such as picketing, card check, worker organizing, and strike actions. Labor legislation has changed the nature of union busting, as well as the organizing tactics that labor organizations commonly use.
Joseph Paul Glimco was an Italian-American labor leader and well-known organized crime figure based in Chicago. He was considered "Chicago's top labor racketeer" in the 1950s. One high-ranking Chicago Teamsters leader noted in 1954, "He is the mob. When he opens his mouth, it's the syndicate talking". Glimco was active in the International Brotherhood of Teamsters (IBT) and a close associate of Teamsters president Jimmy Hoffa. He was a capo in the Chicago Outfit, an organized crime syndicate, and oversaw the syndicate's labor racketeering efforts. He worked closely with Tony "Joe Batters" Accardo, who led the Chicago Outfit from 1943 to 1957, and Sam "Momo" Giancana, who led the syndicate from 1957 to 1966. A United States Senate committee once claimed that Glimco ran "the nation's most corrupt union".
National Labor Relations Board v. Fansteel Metallurgical Corporation, 306 U.S. 240 (1939), is a United States Supreme Court case on labor laws in which the Court held that the National Labor Relations Board had no authority to order an employer to reinstate workers fired after a sit-down strike, even if the employer's illegal actions triggered that strike.
Guy Otto Farmer was an American lawyer and civil servant. He was Chairman of the United States National Labor Relations Board from July 1953 to August 1955. After leaving government service, he represented the Bituminous Coal Operators Association, the collective bargaining arm of the bituminous coal mining industry in the United States.
The Little Steel strike was a 1937 labor strike by the Congress of Industrial Organizations (CIO) and its branch the Steel Workers Organizing Committee (SWOC), against a number of smaller steel producing companies, principally Republic Steel, Inland Steel, and Youngstown Sheet and Tube Company. The strike affected a total of thirty different mills belonging to the three companies, which employed 80,000 workers. The strike, which was one of the most violent labor disputes of the 1930s, ended without the strikers achieving their principal goal, recognition by the companies of the union as the bargaining agent for the workers.
The International Longshore and Warehouse Union (ILWU) is a labor union which primarily represents dock workers on the West Coast of the United States, Hawaii, and in British Columbia, Canada; on the East Coast, the dominant union is the International Longshoremen's Association. The union was established in 1937 after the 1934 West Coast Waterfront Strike, a three-month-long strike that culminated in a four-day general strike in San Francisco, California, and the Bay Area. It disaffiliated from the AFL–CIO on August 30, 2013.
Emporium Capwell v. Western Addition, 420 U.S. 50 (1975), was a United States Supreme Court case. The court reversed and remanded the Court of Appeals ruling. The Supreme Court ruled on the basis of the Civil Rights Act of 1964 and the National Labor Relations Act of 1935 (NLRA).
A captive audience meeting is a mandatory meeting during working hours, organized by an employer with the purpose of discouraging employees from organizing or joining a labor union. It is considered a union-busting tactic. Critics allege that captive audience meetings are used to intimidate workers and spread misinformation; employees can be fired for failing to participate in the meeting or for asking questions. In the United States, the National Labor Relations Act of 1935 (NLRA) broadly permits captive audience meetings but does not allow them to be held in the final 24 hours prior to a union election. Employers defend the practice as protected free speech; critics view the practice as an infringement on workers' rights not to listen.
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