How Biden Could Use 1947 Law to End Dockworkers’ Strike

As the dockworkers’ strike continues to paralyze 36 U.S. ports along the East and Gulf coasts, pressure is mounting on President Joe Biden to intervene.

The strike, involving 45,000 workers, commenced at 12:01 a.m. Tuesday, halting 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 originating from the International Longshoremen’s Association (ILA).

Earlier Wednesday, ILA employees rejected a nearly 50 percent wage increase over a six-year period. It is believed they are looking for about 77 percent, with added protections against automation taking their jobs.

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

“Now we want them to pay back. They’re going to pay back,” Butler said.

What could President Biden do?

Calls are growing among anti-strike figureheads for Biden to invoke the 1947 Taft-Hartley Act, 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 urging Biden to act now, fearing long-term economic consequences.

Despite this pressure, Biden has so far refrained from using the act, instead encouraging both parties to resolve the issue themselves. “It’s time for them to sit at the table and get this strike done,” he said last week.

Officially known as the Labor Management Relations Act, the Taft-Hartley Act was introduced after World War II, designed to limit union power and allow presidential intervention in strikes that threaten national security or public health.

Drafted by Republican Senator Robert Taft and Representative Fred Hartley, the law allows the president to request a court order suspending strikes, but it has been met with resistance from unions.

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

When has the act been invoked?

Presidents have invoked Taft-Hartley 37 times.

In 2002, President George W. Bush used it to end a labor dispute involving West Coast ports.

More than 10,000 longshoremen were affected, forcing 29 ports to stay open. Bush justified his actions as ”vital to our economy and to our military.” By that point, the strikes had allegedly cost the economy $10 billion.

Biden could follow a similar path, but the potential backlash from unions may weigh heavily on his decision.

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

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

How has the strike impacted the shipping industry?

While dockworkers have rejected the latest offer from port operators, many ports remain at a standstill, further aggravating supply chain issues.

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

Port companies, many of which saw record profits during the pandemic, have been criticized for not addressing worker demands sooner. In the eyes of their workers, the onus is on them to offer a fair deal.

If the strike extends into the coming months and consumer frustration grows, Biden could face mounting political pressure to change course.

However, with the 2024 presidential election looming, the administration faces a difficult decision—whether to intervene and risk alienating key labor allies, or allow the strike to run its course, potentially hurting the economy further.

This article includes reporting from The Associated Press.