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Taft–Hartley Act
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===Strikes and lockouts=== ====Notice provisions==== The amendments required unions and employers to give 80 days' notice to each other and to certain state and federal mediation bodies before they may undertake [[Strike action|strikes]] or other forms of economic action in pursuit of a new [[collective bargaining agreement]]; it did not, on the other hand, impose any "cooling-off period" after a contract expired. ====National emergency provisions==== Section 206 of the Act, codified at 29 U.S.C. § 176, also authorized a president to intervene in strikes or [[lockout (industry)|lockouts]], under certain circumstances, by seeking a court order compelling companies and unions to attempt to continue to negotiate.<ref name=2023CRSEmergency>[https://crsreports.congress.gov/product/pdf/IF/IF12506 The UAW-Automakers Labor Dispute and Taft-Hartley's National Emergency Provisions], Congressional Research Service (October 2, 2023).</ref> Under this section, if the president determines that an actual or threatened lockout affects all or a substantial part of an industry engaged in interstate or foreign "trade, commerce, transportation, transmission, or communication" and that the occurrence or continuation of a strike or lockout would "imperil the national health or safety," the President may empanel a [[board of inquiry]] to review the issues and issue a report.<ref name=2023CRSEmergency/> Upon receiving the report, the president may direct the [[U.S. Attorney General]] to seek an injunction from a [[U.S. federal court|federal court]].<ref name=2023CRSEmergency/> If a court enters an [[injunction]], then a strike by workers or a lockout by employers is suspended for an 80-day period; employees must return to work while management and unions must "make every effort to adjust and settle their differences"<ref name=2023CRSEmergency/><ref name=Wiseman>Paul Wiseman, [https://apnews.com/article/port-strike-longshoremen-dockworkers-union-law-27c7eaa7b199fba1903a637eb6c7db0c The president could invoke a 1947 law to try to suspend the dockworkers' strike. Here's how], Associated Press (October 2, 2024).</ref> with the assistance of the [[Federal Mediation and Conciliation Service (United States)|Federal Mediation and Conciliation Service]].<ref name=2023CRSEmergency/> Presidents have invoked this provision 37 times.<ref name=Wiseman/> In 2002, President [[George W. Bush]] invoked the law in connection with the employer lockout of the [[International Longshore and Warehouse Union]] during negotiations with West Coast shipping and stevedoring companies.<ref name=Greenhouse>{{cite news|url=https://www.nytimes.com/2002/10/09/us/president-invokes-taft-hartley-act-to-open-29-ports.html?pagewanted=all |title=President Invokes Taft-Hartley Act To Open 29 Ports |first1=David E. |last1=Sanger |first2=Steven |last2=Greenhouse |newspaper=The New York Times |date=October 9, 2002}}</ref> This was the first successful invocation of the emergency provisions since President [[Richard M. Nixon]] intervened to halt a longshoremen's strike in 1971.<ref name=Greenhouse/> ====Prohibition on federal employee strikes==== Section 305 of the Act prohibited federal employees from striking.<ref name=Fleischli1968>{{cite journal |last=Fleischli|first=George R.|title=DUTY TO BARGAIN UNDER EXECUTIVE ORDER 10988|journal=Air Force Law Review|date=May–June 1968}}</ref> This prohibition was subsequently repealed and replaced by a similar provision, 5 U.S.C. § 7311, which bars any person who "participates in a strike, or asserts the right to strike against the Government of the United States" from federal employment.<ref>Kurt L. Hanslowe and John L. Acierno, [https://scholarship.law.cornell.edu/clr/vol67/iss6/2/ Law and Theory of Strikes by Government Employees], 67 Cornell L. Rev. 1055, 1059 n.16 (1982).</ref>
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