Scabby Squeaks Through NLRB Review

CHICAGO — A notorious inflatable rat bred in Chicago's union halls escaped a trap set by a top attorney for the Trump administration's National Labor Relations Board Wednesday.

The large balloon rat, which is now used nationwide, was under review for apparently scaring away potential attendees at an Indiana RV show. But an NLRB ruling determined the balloon's red-eyed mug did not violate the National Labor Relations Act.

Scabby has been a union icon for over 30 years. It normally sits at construction sites, daring passersby to cross the picket line, and bringing attention to labor disputes with its inflatable fangs.

Under Trump administration NLRB general counsel Peter Robb, a 2018 complaint from Lippert Components against the International Union of Operating Engineers Local 150 was given credence after the group alleged the 12-foot-tall Scabby scared away customers. Robb argued that Scabby's presence was a type of unlawful coercion that violated the First Amendment due to its menacing and intimidating nature, according to court filings.

Though President Joe Biden got rid of Robb in January, the board still held public comment on the case, but eventually dismissed the complaint.

"We are not persuaded that the inflatable rat must be deemed intimidating and coercive ... because of its size or appearance," the board said in its ruling.

Scabby the Rat's origins can be traced back to circa 1990, but two local unions claim to have created it.

Plainfield-based balloon shop Big Sky Balloons made the original Scabby for commercial use in 1990 for a commission by the District Council 1 of the International Union of Bricklayers in Elmhurst. But Operating Engineers Local 150 claims it came up with the name Scabby in a 1989 contest on what to call the protest rat they adopted as a symbol at the picket lines.

Husband-and-wife Big Sky owners Mike and Peggy O'Connor say their rats range in size from 6 feet to 25 feet, and in price from about $2,600 to $9,300 each.

Since then, Scabby the Rat has been used by local unions across the country to signify unfair hiring practices, towering over protestors with its battle-scarred face.

"The potential infringement of a union's First Amendment rights precludes the board from finding that the banners and inflatable rat in these circumstances violate [the National Labor Relations Act],” current NLRB Chairman Lauren McFerran said in the ruling.

Now, local unions across the country can breathe a sigh of relief as Scabby rejoins the rat race.