How Biden was able to use the 1947 law to end the longshoremen’s strike

How Biden was able to use the 1947 law to end the longshoremen’s strike

As the longshoremen’s strike continues to paralyze 36 U.S. ports along the East and Gulf Coasts, pressure is growing on President Joe Biden to intervene.

The strike, involving 45,000 workers, began at 12:01 a.m. Tuesday, stopping the movement of goods from Maine to Texas and causing significant disruptions to supply chains.

At the heart of the conflict is a wage dispute that has its origins in the International Longshoremen’s Association (ILA).

Earlier Wednesday, ILA employees rejected a pay increase of nearly 50 percent over six years. Around 77 percent are thought to expect additional protections against automation taking their jobs away.

Shipping companies made billions during the COVID-19 pandemic by charging high prices even though workers earned an average of $20 an hour, Philadelphia ILA President Boise Butler said.

“Now we want them to pay it back. They will pay it back,” Butler said.

ILA strike strike against Joe Biden, legal action
Striking workers at the Red Hook Container Terminal gather after members of the International Longshoremen’s Association walked off the job at 12:01 a.m. ET on October 2 in Brooklyn, New York. Despite the pressure from…


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What could President Biden do?

Calls are growing among anti-strike figureheads for Biden to invoke the Taft-Hartley Act of 1947, a law that would temporarily halt the strike and force negotiations for an 80-day cooling-off period.

The National Association of Manufacturers and the National Retail Federation are calling on Biden to act now, fearing long-term economic consequences.

Despite this pressure, Biden has so far refrained from using the law, instead encouraging both parties to resolve the matter themselves. “It’s time for them to sit down and do this strike,” he said last week.

Officially known as the Labor Management Relations Act, the Taft-Hartley Act was introduced after World War II and aimed to limit the power of unions and allow the president to intervene in strikes that threatened national security or public health.

The law, drafted by Republican Senator Robert Taft and Representative Fred Hartley, allows the president to seek a court order to suspend strikes, but has faced opposition from unions.

William Brucher, a labor relations expert at Rutgers University, noted that Taft-Hartley orders are “widely, if not universally, despised by unions in the United States” and could alienate organized labor ahead of the 2024 elections.

ILA strike strike against Joe Biden, legal action
President Joe Biden speaks with reporters before boarding Air Force One at Joint Base Andrews in Maryland on Oct. 2. Some manufacturers and retailers are urging Biden to invoke the Taft-Hartley Act of 1947, which…


ALMOND NGAN/AFP via Getty Images

When was the offense alleged?

Presidents have invoked Taft-Hartley 37 times.

In 2002, President George W. Bush ended a labor dispute involving West Coast ports.

More than 10,000 port workers were affected, meaning 29 ports had to remain open. Bush justified his actions as “vital to our economy and our military.” At that point, the attacks had reportedly cost the economy $10 billion.

Biden could take a similar path, but the possible backlash from unions could weigh heavily on his decision.

ILA President Harold Daggett warned in September that the president had neglected their concerns.

“Where is the President of the United States?” He’s not fighting for us,” he said in a video posted on the union’s YouTube page.

ILA strike strike against Joe Biden, legal action
Harold J. Daggett, president of the International Longshoremen’s Association, speaks as longshoremen strike at the Maher Terminals in Port Newark October 1 in New Jersey. Union leaders, including Daggett, have expressed dissatisfaction…


BRYAN R. SMITH/AFP via Getty Images

What impact did the strike have on the shipping industry?

While port workers have rejected the port operators’ latest offer, many ports remain at a standstill, further exacerbating supply chain problems.

The strike affected imports of essential goods, including medical supplies needed for hurricane recovery networks.

Port companies, many of which made record profits during the pandemic, have been criticized for not responding to workers’ demands sooner. In the eyes of their employees, the responsibility lies with them to offer a fair offer.

If the strike continues in the coming months and consumer frustration grows, Biden could face growing political pressure to change course.

But with the 2024 presidential election approaching, the government faces a difficult decision: whether to intervene and risk angering key union allies, or let the strike continue, potentially damaging the economy even further.

This article contains reporting from The Associated Press.