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President Biden Won't Invoke Taft-Hartley To End Dockworkers' Strike

Cranes usually running day and night are shut down during a strike by ILA members at the Bayport Container Terminal on Oct. 1, 2024, in Houston. (AP Photo/Annie Mulligan, File)

Manufacturers and retailers are urging President Joe Biden to invoke the Taft-Hartley Act of 1947 to suspend a strike by 45,000 dockworkers that has paralyzed 36 U.S. ports from Maine to Texas. The law allows the president to seek a court order for an 80-day cooling-off period to facilitate negotiations between companies and unions.

The Taft-Hartley Act, introduced by Republicans after World War II, aimed to limit union power and prevent disruptions in key industries. It prohibits closed shops, secondary boycotts, and requires union leaders to disavow Communist ties.

While the law empowers the president to intervene in labor disputes that threaten national health and safety, President Biden has stated he will not use this authority in the current dockworkers' strike.

Historically, presidents have invoked Taft-Hartley 37 times, with mixed results. In 2002, President George W. Bush used the law to resolve a standoff at West Coast ports successfully. However, the effectiveness of such interventions remains a subject of debate.

Despite lobbying efforts by industry groups, Biden's decision not to intervene reflects his administration's stance on labor relations. Labor unions, which generally oppose Taft-Hartley injunctions, are a key constituency for the Democratic Party.

As the dockworkers' strike continues, experts suggest that public opinion and electoral considerations may influence Biden's approach. The potential impact on consumers and the economy could increase pressure on the president to reconsider his position.

For now, the standoff between the dockworkers and management remains unresolved, highlighting the complex dynamics of labor relations in the United States.

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