Scabby Gets a Pink Slip

I’m as anti-union as the next guy, but this seems like a reach. Let the 1st Amendment breathe.

For nearly 30 years, Scabby the Rat, a giant inflatable balloon with sharp claws, a perpetual snarl and a menacing demeanor, has loomed over construction sites across Chicago and beyond to protest the hiring of nonunion labor.

Like deep dish pizza, skyscrapers and the Ferris Wheel, the giant inflatable rat is a Chicago creation that has found its way into the broader culture. Scabby had a memorable star turn on a “Sopranos” TV episode centered around a construction work stoppage.

But soon, Scabby the Rat — who comes in a variety of sizes and designs — may be out of work.

The National Labor Relations Board previously gave the giant rats a wide berth but it’s shifted its stance under the Trump administration. The board is weighing whether to crack down on their use, on the grounds that the rats may be scaring away customers from “neutral” businesses not involved in the labor dispute.

“Their use is unlawful under the (National Labor Relations) Act and not protected under the First Amendment because they are being used specifically to menace, intimidate and coerce in aid of an unlawful purpose,” Peter Robb, the NLRB’s general counsel, said in a brief filed last month in a case in Philadelphia.

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