Striker order: An end at hand?

On March 8, 1995, President Clinton signed Executive Order 12954, which announced that the Federal government would no longer give any contract worth more than $100,000 to a firm that hires permanent replacements during a strike. Affected industries promptly went to federal court to challenge the validity of the new Executive Order. Early last month, a 3-judge appellate panel unanimously slammed the administration's arguments and actions. According to the appellate panel, it is undisputed that the National Labor Relations Act preserves to employers the right to replace economic strikers as an offset to the employees' right to strike. In short, employers could not be penalized for lawful conduct.