‘Shame’ banners are no welcome sign for businesses

February 22, 2010 at 12:00a.m.

Los Angeles Times

ARROYO GRANDE, Calif. — For years, the owner of Arroyo Grande’s old-fashioned ice cream parlor has likened the Central Coast community to Bedford Falls, the friendly little burg in the Jimmy Stewart film “It’s a Wonderful Life.”

So he bristled when an out-of-town labor union unfurled a 15-foot-wide banner — “Shame on Doc Burnstein’s Ice Cream Lab” — across from his business on cafe-lined West Branch Street.

Even more upsetting to Greg Steinberger was the flier showing a rat gnawing on a tattered American flag: It charged him with “desecration of the American way of life.”

And most galling to the 46-year-old Navy veteran was that the United Brotherhood of Carpenters and Joiners of America had targeted him over the reportedly low wages of a company he says he had never even heard of.

“I don’t know what it’ll take to get them to go away,” said Steinberger, who, in labor jargon, has been “bannered” since Oct. 30. “I’ve got customers coming in here asking, ‘Are you in trouble? Aren’t you paying minimum wage?’”

In recent years, such banners and fliers have become fixtures on the national labor landscape, though huge, inflatable rats are no longer in vogue.

“Shame” banners have gone up outside countless businesses big and small, from housing projects in Phoenix to a bowling alley on Long Island.

Many of the targets have used general contractors who hired nonunion subcontractors.

Sometimes the links have been more indirect: A Tulsa, Okla., country club was bannered because a member headed a nonunion contracting firm.

In Bakersfield, Calif., banners declared “Shame on Tony Bennett” and “Shame on the Fox Theater” when the singer performed there in 2006.

The event was a fundraiser for a medical center with subcontractors unacceptable to the union.

In Arroyo Grande, paid sign-minders stand beside the banner across the street from Doc Burnstein’s four days a week, sometimes shielded from the sun by blue-and-white umbrellas.

According to the fliers, the carpenters are bannering Doc Burnstein’s because Steinberger plans to open an outlet in a renovated mall where a nonunion drywall company “does not meet area labor standards ... including fully paying for family health benefits and pensions.”

A gymnastics studio in Santa Maria, Calif., is getting the same treatment.

Some unions disapprove of bannering, which often targets businesses not directly involved in labor disputes.

But by focusing on secondary businesses — such as a store that sells goods made by a nonunion factory — unions that use the tactic say they can draw public attention and even persuade the bannered companies to side with them.

They contend the banners are expressions of free speech.

But others — including attorneys for the National Labor Relations Board — have argued that they are coercive, unfair and possibly unlawful.