Use of Scabby Rat - i -fied

We have previously posted about the inflatable rat, Scabby. The NLRB has issued a new opinion (Sheet Metal Workers Local #15 (Brandon Regional Hospital) 356 NLRB No. 162) , clarifying a broader lawful use of the giant critter in secondary contexts. The Board has concluded a stationary version of Scabby posted near a secondary employer is not picketing prohibited by the provisions of the NLRA protecting secondary employers from coercive pressure. Carpenters Local 15006 (Eliason & Knuth of Arizona, Inc.), 355 NLRB No. 159 (2010). The Board also concluded

We similarly find no evidence here to support a finding that the display of the inflatable rat or Holly’s leaflet display constituted nonpicketing conduct that was unlaw- fully coercive. Only six union agents were involved in the rat display, while Holly acted alone, and there is no evidence that their conduct was other than orderly. Like those who held the banners in Eliason, neither Holly nor the rat balloon attendants moved, shouted, impeded access, or otherwise interfered with the hospital’s operations. The rat balloon itself was symbolic speech. It certainly drew attention to the Union’s grievance and cast aspersions on WTS, but we perceive nothing in the location, size or features of the balloon that were likely to frighten those entering the hospital, disturb patients or their families, or otherwise interfere with the business of the hospital in a manner analogous to the conduct in the cases cited above or otherwise proscribed by Section 8(b)(4)(ii)(B)6.