The Bush appointed National Labor Relations Board is poised to curtail the use of those giant inflatable rats that we’ve grown to love. A staple of labor demonstrations for the last decade, the rats are apparently a victim of their own success: increasingly viewed as a signal to the public not to patronize certain ratty, union-busting establishments.
That any branch of the government would ban an effective tactic of the labor movement should come as no surprise. The law’s just not on our side. The Taft-Hartley and Landrum-Griffin amendments to the National Labor Relations Act expressly restricted labor’s solidarity power by banning so-called “secondary activity.”
“Primary activity,” for your edification, would be the employees of Company A striking and boycotting the products of Company A (for example: the UFW grape-pickers at Gallo striking and calling for a boycott of Gallo wines – that boycott is now over, by the way). “Secondary activity” would be the employees of Company A calling for a boycott of Company B for engaging in business with company A (for example, the UFW picketing wine stores that continued to carry struck Gallo wines – something that never happened, because of the law).
Try to imagine Teamsters deliverymen refusing to transport struck goods or UFCW grocery clerks refusing to sell struck goods or even UNITE HERE garment workers picketing Gap stores for selling sweatshop-made underwear, and you’ll see how the law denied the labor movement one of its most potent weapons. In fact, all of this talk about how the labor movement was at its peak membership when the AFL merged with the CIO in 1955 usually fails to mention that Taft-Hartley was passed by Congress in 1947, and Landrum-Griffin followed in 1959.
What about free speech, do I hear you cry? Well, yes, there is that pesky first amendment, and the courts have ruled that speech alone is exempt from labor regulations.
So, one can stand in front of a wine store and shout, “Do not shop in this store, because the rats are selling lousy wine made by scabs,” and that is fine. You can even hand out fliers saying the same.
Once you combine that free speech with any kind of activity (say, picket lines or picket signs), the courts have ruled that you are making an illegal “signal” to the general public to boycott the establishment, in violation of the amended National Labor Relations Act.
About ten years ago, the Laborers union begin accompanying their handbilling with large inflatable rats, as way of attracting attention to themselves and their message. The idea caught on like wildfire and other unions started doing the same. The message was certainly not a clear signal at first. I remember the first time I handbilled with a big rat, sometime in 1997 or 1998. More than a handful of passersby stopped and asked, “Is this about Giuliani?”
Now, people love the rat. As the sight of the big inflatable rats has become more familiar in New York City, people cheer when they see them, honk in support and jeer the bosses (whom, the rats are meant to evoke, in case the meaning was lost on you) and the judges and lawyers have taken note. “The rats think the big rats are a ‘signal,'” noted my UMass classmate, Jen Badgley, when we first heard about this in our labor law class this spring.
The rats admittedly are a signal to those of us with a little conscience and class consciousness (although, I’m not really sure how many people truly have the cause of labor in their hearts to allow for any kind of activity to be a meaningful “signal”). My favorite rat quote comes from the legendary president of the Transport Workers Union, Mike Quill, who responded to Taft-Hartley’s anti-Communist provisions by saying, “I’d rather be called a red by the rats than a rat by the reds.”
Another quote from Mike Quill is more appropriate at this time: “the judge can drop dead in his black robes.” That’s what he said to the press after being sentenced to prison for taking his union out on strike in violation of New York’s public sector Taylor Law.
Three weeks later, it was Quill who was dead, felled by a heart attack. Jail was not kind to the old man. Such is labor’s lot.
Any suggested action we can take on this issue?
the rats are brilliant
“Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats.” – H.L. Mencken