BCLP Lawyer in ‘Law360’ on NLRB Tossing Bid to Deflate Scabby the Rat

Senior Counsel Jerry Hunter was quoted July 21 by Law360 concerning the National Labor Relations Board (NLRB) ruling that a union did not violate federal labor law by displaying a 12-foot-tall inflatable rat during a protest. It was speculated that the Republican majority on the board might have seen the decision as a way to avoid a broader ruling in the case once the board flips parties, which would have given unions broader rights in secondary protests. Hunter noted NLRB members recognized they were restrained by the facts of the case and Supreme Court precedent. "I think this is a principled decision by the board, Kaplan and Ring, because they did not want to step over the line and implicate the union's rights under the First Amendment," said Hunter, who is a former NLRB general counsel, having served during the administration of former President George H.W. Bush