Deflating the Union Rat
Illinois has enacted two amendments to its Labor Disputes Act (820 ILCS 5). The first, HB 2907 (P.A. 103-0040), limits the amount of monetary damages an employer can recover stemming from a labor dispute. The second, HB 3396...more
The advent of telework and its widespread adoption over the past few years have turned the work world upside down and had a direct impact on the courts’ interpretation of various legislative provisions governing labour law....more
In a unanimous ruling last week, the Court overruled a state law provision of the Public Employees Collective Bargaining Act that makes it an unfair labor practice to induce or encourage any individual in connection...more
A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby the Rat”—and two 8-foot...more
The UK Employment Appeal Tribunal (EAT) handed down its judgment in Mrs F Mercer v. Alternative Future Group Ltd. and Others on 2 June 2021. The EAT found that the relevant provisions in UK legislation protecting workers...more
It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites shared by the employees...more
The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would make the most...more
As the 2021 construction season gets underway, and with an increasing number of construction projects being completed with a mix of union and non-union subcontractors, many workers have legitimate questions about their rights...more
Who is Scabby? Scabby is an inflatable rat, sometimes installed by unions at protests and on picket lines. Scabby has been around since the late 1980s and is a well-known symbol to passersby of an ongoing labor dispute....more
The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large...more
National Labor Relations Board (NLRB) Acting General Counsel Peter Ohr has filed a motion with the board to stop processing a case on whether to change NLRB standard for determining the lawfulness of union displays of...more
On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both...more
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...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
In a recent episode of Law Brief, Tarter Krinsky & Drogin’s new podcast series, Labor and Employment chair Laurent Drogin joins Litigation partner and host Rich Schoenstein to talk about Deflating the Union Rat. Laurent and...more
“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...more
It is unlawful for unions to secondarily picket construction sites or to coercively enmesh neutral parties in the disputes that a union may have with another employer. This area of the law is governed by the National Labor...more
Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest. During the Obama-era, the National Labor Relations Board likened the use of Scabby to peaceful, protected activities such...more
Continuing its efforts to overturn precedent, the NLRB General Counsel’s Division of Advice has issued a new advice memorandum looking to strike at the most recognizable sign of unionism in urban areas today – – the...more
We recently saw interesting decisions from the NLRB including cases about the employer’s duty to provide information about tax cuts, the lawfulness of litigation holds, and the validity of decertification petitions. At the...more
On 21 August 2018 we held an employment law seminar for our clients. We discussed the challenges and opportunities presented by social media ranging from: - Recruitment – how social media is used in the recruitment...more
Seyfarth Synopsis: On August 10, 2018, Governor Phil Murphy signed a law that would permit striking workers to collect unemployment benefits in New Jersey. The law covers any claim for a period of unemployment commencing on...more
Seyfarth Synopsis: U.S. Court of Appeals for the D.C. Circuit rules that the NLRB properly found that a hospital violated the NLRA by threatening employees with discipline and arrest for peacefully picketing on hospital...more