Giant inflatable rats, cats, and even pigs have been used across the United States for decades as a symbol of labour disputes.
However, this practice was challenged last year when the National Labor Relations Board signalled it could be persuaded to outlaw the use in certain situations.
This did not sit well with Acy Wartsbaugh, organizer from the International Union of Operating Engineers (The Local 150), or the engineers and construction workers part of the union. The group took to the street in late July next to their 12-foot tall inflatable rat they call Scabby.
The beloved rat has pointed teeth, red eyes, and depictions of pus-filled scabs all over its belly. It was invented by the union almost thirty years ago and uses “scabs” as slang to describe strikebreakers.
The original Scrappy started as a simple drawing of a rat on a sign. However, over time it evoked so many questions from passersby that the union eventually made rat costumes for its members to wear while on strike. Because the costumes became too hot and impractical, the group commissioned giant inflatables, inspired by those used on car lots surrounding their local union hall in Chicago.
Despite the appearance, Wartsbaugh claims that most people have grown to love Scabby.
Union members frequently take Christmas card photos with the large rodent, and countless others can be seen on any given day the rat makes an appearance taking selfies.
However, the feelings are not mutual for everyone towards Scabby.
Companies have expressed irritation over the use of giant inflatable animals for years.
It is sometimes the case that Scabby, or another inflatable, is located outside of a business that is unrelated to the organization the rat is protesting against. This only becomes clear to viewers if they read the sign the animal is holding, regarding which company the dispute is really about.
Some business owners say that the use is unfair as it puts them in the crossfire between the union and whichever organization is in the hot seat.
Although the National Labor Relations Board has historically ruled that the use of inflatables similar to Scabby is fair nearly anywhere, that changed in late 2020 when the board announced the possibility that they may revisit the issue, and even potentially change their stance on the subject.
This was following a brief that was submitted on behalf of retail businesses, arguing that installing a giant inflatable rat outside any shop only serves to scare off customers and that the underlying message of its use, is that there’s a dispute against the party that is directly behind the rat.
Ed Maher however, a member of the Local 150 argued that the inflatables should be allowed to roam free under the First Amendment. Further stating that “Scabby the Rat has the right to free speech and is a protected symbol of free speech.” After months of debate, the National Labor Relations Board sided with the union on the issue in a 3-1 ruling.
The majority decision issued that because the Supreme Court upheld “far more offensive” actions including cross burning and anti-homosexual signs at military funerals as free speech, a giant rat should therefore be protected as well.
Scabby, among all other giant inflatable rats, cats, and pigs have now been granted free speech rights across the country.
Even though the inflatable rat’s fate could be appealed in the future, union members have announced they will be ready for the fight.
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