Public Employee Strikes, Executive Discretion, and the Air Traffic Controllers

On August 3, 1981, the Professional Air Traffic Controllers Organization (PATCO) began the first completely nationwide strike in history against the federal government. President Reagan ordered the discharge of strikers who did not return to work within 2 days. The PATCO strike ended in victory for...

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Veröffentlicht in:The University of Chicago law review 1983-04, Vol.50 (2), p.731-799
Hauptverfasser: Meltzer, Bernard D., Sunstein, Cass R.
Format: Artikel
Sprache:eng
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Zusammenfassung:On August 3, 1981, the Professional Air Traffic Controllers Organization (PATCO) began the first completely nationwide strike in history against the federal government. President Reagan ordered the discharge of strikers who did not return to work within 2 days. The PATCO strike ended in victory for the federal antistrike policy. However, the law was enforced against many citizens who rejected its moral basis, and enforcement was costly for all parties involved and for the country itself. While problems exist with the current antistrike policy, its abandonment in favor of new alternatives is not an ideal solution, because: 1. many government services are essential to the public, 2. market pressures differ between the private and public sectors, and 3. strikes can affect Congress' discharge of its budget responsibilities. To avoid strikes, the government should educate its employees to understand the rationale behind the antistrike policy.
ISSN:0041-9494
1939-859X
DOI:10.2307/1599509