Law Week Colorado Quotes Patrick Scully on Non-Picketing Protests Under Biden’s NLRB

DENVER, Colo. (February 22, 2021) — Sherman & Howard lawyer Patrick Scully was quoted in a recent Law Week Colorado article regarding recent rollbacks under Biden-appointed Acting General Counsel Peter Sung Ohr, including a motion to dismiss a high-profile case about whether Scabby the Rat’s appearance at an RV trade show amounted to an illegal, secondary boycott that put pressure on employers not directly involved in the employment dispute.

According to Scully, Ohr’s motion to dismiss is a sign that unions will be free to engage in other forms of non-picketing protest under Biden’s NLRB. Ohr has also indicated there will be more lenience when it comes to unions’ duty for fair representation. Scully expects the general counsel’s office will be sympathetic to making it more difficult to decertify a union and will be less inclined to defer cases.

“General Counsel Ohr is going to release Scabby from the very temporary cage that Scabby was in during the General Counsel Robb years, and Scabby is going to be out there in full effect,” Scully said.

The full article was published in the February 22, 2020, edition of Law Week Colorado (subscription required).