Biden Faces Pressure to Invoke 1947 Law as Dockworkers’ Strike Shuts Down U.S. Ports
A major strike involving 45,000 dockworkers has shut down operations at 36 U.S. ports from Maine to Texas, prompting manufacturers and retailers to call on President Joe Biden to invoke a rarely used 1947 law. The strike, which is disrupting crucial supply lines, has led to calls for the president to implement Section 206 of the Labor Management Relations Act of 1947, more commonly known as the Taft-Hartley Act.
The Taft-Hartley Act and Its Role in Labor Disputes
Central to the discussion is a section of the Taft-Hartley Act, which allows a president to request a court order for an 80-day cooling-off period. This pause gives companies and unions more time to resolve their differences while temporarily suspending the strike or lockout. However, Biden has indicated he does not plan to use this authority in the current strike.
A Law to Curb Union Power
The Taft-Hartley Act, introduced in 1947 by Republican Senator Robert Taft and Congressman Fred Hartley Jr., was crafted in response to the post-World War II labor unrest. The law sought to reduce union power by prohibiting “closed shops” that required employers to hire only union members and by banning secondary boycotts. Additionally, it mandated union leaders to affirm that they did not support the Communist Party. This historical context remains relevant in today’s debate over the dockworkers’ strike.
Despite President Harry Truman’s opposition, Congress overrode his veto to pass the law, which remains in effect today.
When a President Can Step In
The Taft-Hartley Act permits the president to intervene in strikes that may threaten national health and safety. Under the law, the president can appoint a board of inquiry to assess the labor dispute and request an injunction to temporarily halt the strike. If a court grants the injunction, an 80-day cooling-off period follows, during which negotiations continue. Importantly, the law cannot force union members to accept a contract.
Since its enactment, Taft-Hartley has been invoked 37 times, most notably by President George W. Bush in 2002 when West Coast ports faced a labor lockout.
Biden Holds Firm, Urges Resolution
Despite intense lobbying from the National Association of Manufacturers and the National Retail Federation, Biden has refused to invoke the Taft-Hartley Act. Speaking before inspecting hurricane damage in North Carolina, Biden acknowledged that the port strike is affecting relief efforts but maintained his position. “The companies that control the East and Gulf Coast ports have made significant profits since the pandemic,” Biden stated. “It’s time for them to sit down and resolve this strike.”
Although many ports are publicly owned, much of the cargo-handling is managed by private companies. Labor unions argue that these companies have disproportionately benefited from recent economic conditions, while workers have struggled, adding tension to the ongoing labor conflict.
Political Ramifications
The political stakes are high. William Brucher, a labor relations expert at Rutgers University, points out that Taft-Hartley injunctions are deeply unpopular with U.S. labor unions. Vice President Kamala Harris, who is counting on support from organized labor in her presidential campaign against Donald Trump, faces the risk of alienating this key voter base if the administration intervenes.
Brucher suggests that the upcoming election will likely depend more on voter turnout than persuading undecided voters. “Democrats really can’t afford to alienate organized labor,” Brucher emphasized, highlighting the delicate balance Biden must strike as the labor dispute continues.
As the strike drags on, the impact on the economy grows more severe, with potential consequences for supply chains, businesses, and consumers. It remains uncertain whether Biden will ultimately intervene or whether both sides will find a resolution independently. For now, U.S. ports remain shuttered, intensifying the pressure on both parties.