PHILADELPHIA (KYW Newsradio) — Scabby the Rat is free to roam, and you may see more of him in Philadelphia.
The National Labor Relations Board has ruled the giant inflatable rodent is a legal expression of protest.
During the Trump administration, several employers saw an opportunity to rid themselves of Scabby and other giant inflatables that unions use to draw attention to labor disputes.
A Philadelphia hotel was among those that complained the rat, with his red eyes and long nails and - of course - his formidable size, violated the National Labor Relations Act's ban on threatening or coercive conduct during union pickets. Their complaint was filed against Local 98 of the International Brotherhood of Electrical Workers.
The NLRB’s general counsel under Trump was sympathetic to the efforts. President Biden fired him the day he took office.
Biden’s new appointee was confirmed Wednesday, the same day the board ruled in an Indiana case that Scabby is protected as free speech and is not illegally coercive.
"It’s a great day. In fact, we’re so excited, we’re probably going to go out and order three or four more 35-foot Scabby the Rats so we can put them in two or three other locations," John Dougherty, head of Local 98 and the Building Trades Council, said in praising the decision. Both of those organizations have regularly used Scabby.
"If they see it, most people won’t participate and won’t go there, won’t eat there, won’t purchase anything, and it’s been legally declared a form of expression and we’re definitely going to use it."
Dougherty said it has been a banner month for organized labor. The Third Circuit Court also sided with the the electricians' union in a 12-year-old fair wage case against Farfield Construction, ordering the contractor to shell out back pay and attorney fees.