The rats have had a visible presence at nonunion work sites around this city over the past nine yearsfrom numerous building construction projects to New York University where graduate teaching assistants are on strike for union recognition. At any given moment, labor leaders say, as many as 35 rubber rats are at work around the region, the Times noted.
Legal action against the right to hoist these rats to back union fights was undertaken by Concrete Structures Inc., a concrete pouring firm. In 2002 the company filed a complaint with the NLRB against the Laborers International Union for setting up rats at several of its sites on Long Island as part of job actions against poor working conditions and the use of nonunion labor.
Last March NLRB administrative law judge Steven Davis ruled in support of the employer. The unions use of the rat, he wrote, constituted confrontational conduct intended to persuade third persons not to do business with Concrete. The judge claimed the rat is a well-known symbol of an invisible picket line they should not cross.
Describing the rat as an imposing figure 15 or 30 feet high, the judge added, The body of the rat is gray with pink eyes, ears and nose. It sits on its haunches with its front paws outstretched and claws extended. Its mouth is open, baring its teeth.
The union has appealed this ruling. Lowell Peterson, the lawyer for the Laborers in the case, said that if the government board upholds its antiworker ruling, then it will not matter [since] the unions have a host of beasts in their menagerie, the Times reported. You dont like the rat? Peterson said. Fine. Were going to use a skunk.
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