Yes, the president can intervene in the dockworkers’ strike

1 month ago 3

The Taft-Hartley Act authorizes the president to temporarily prevent strikes so bargaining parties can try to settle. Biden has said he won’t intervene.

On Oct. 1, 45,000 dockworkers at 36 U.S. ports from Maine to Texas went on strike for the first time in decades over wages and the use of automation.

People online are saying the strike is going to cause a disruption in the supply chain and lead to higher prices for goods. Some are calling for President Joe Biden to intervene.

VERIFY reader Gloria asked us if the president can stop the strike.

THE QUESTION

Can the president intervene in the dockworkers’ strike?

THE SOURCES

THE ANSWER

Yes, the president can intervene in the dockworkers’ strike, but President Joe Biden has said he doesn’t plan to.

WHAT WE FOUND

The president could seek a court order to temporarily halt the dockworkers’ strike under the Taft-Hartley Act, a law passed in 1947 that limits the power of labor unions. However, on Sept. 29, before the strike began, President Joe Biden said he doesn’t support the Taft-Hartley Act and would not intervene.

The Taft-Hartley Act was designed to balance the rights of workers and employers by regulating certain union activities. It allows the government to step in if the strike threatens public health or national security. The law allows the president to request a court order for an 80-day cooling-off period, delaying the strike. During this time, the negotiating parties must continue to work together to resolve the dispute.

If an agreement is reached during the cooling-off period, a strike is avoided or ends and workers proceed under new negotiated terms. If an agreement isn’t reached, the strike can move forward or resume, and the U.S. government, including the president, can’t intervene.

On Sept. 29, two days before the dockworkers’ strike began, a reporter asked Biden if he would intervene. Biden replied, “No” and when asked why, he explained, “Because there’s collective bargaining, and I don’t believe in Taft-Hartley.”

On Oct. 1, White House Press Secretary Karine Jean-Pierre was asked if Americans should be prepared for a shortage of goods. She said the White House is “closely monitoring the situation” and the Supply Chain Disruption Task Force, established during the COVID-19 pandemic, would meet daily to “prepare and address potential disruptions if necessary.”

According to the Congressional Research Service, the last time the Taft-Hartley Act was invoked was in 2002, when President George W. Bush intervened in a West Coast port dispute.

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