Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
As the time for negotiating new contracts between the union and the
steel companies drew near the deadline date of June 30, 1959, it
became evident to representatives of both labor and management that
no agreement for new contracts would be reached. Shortly before the
June 30th deadline the parties agreed at the request of President
Eisenhower, to extend the old agreements for two weeks. By July 15,
there was still no settlement, and a strike by 500,000 steelworkers
began immediately.
From July until early November the steelworkers refused to return
to their jobs. Although negotiations continued between union and
management representatives no settlement of the dispute was reached.
The President sought during the 116 day old strike to have the strike
settled without recourse to the Labor-Management Relations Act
(Taft-Hartley) of 1947. On September 8, President Eisenhower wrote a
letter to the United Steelworkers of America and to the steel companies
in which he expressed disappointment that so little progress toward
settlement of the steel dispute had been made, and he urged the parties
to act expeditiously to reach agreement.[801]
As the impact of the strike was felt in an ever-widening sector of the
American economy, the President of the United States took the first
step under the Labor Management Relations Act of 1947[802] by issuing
Executive Order No. 10843 pursuant to section 206 of the Act.[803] He
appointed a board of inquiry to inquire into the issues involved in the
dispute and to make a written report to him. In the Executive Order,
the President expressed the opinion that the strike, if permitted to
continue would imperil the national health and safety. In his statement
explaining his issuance of the Executive Order, the President pointed
to the “shutting off” of practically all new supplies of steel, the
unemployment of hundreds of thousands of employees in steel and related
industries, and the imminent threat to the economic health of the
nation if production was not quickly resumed.
The Board of Inquiry submitted its written report to the President
on October 19[804] setting forth a summary of the negotiations up to
October 19 and the issues in dispute between the parties.[805] The
Board concluded that “we see no prospects for an early cessation of the
strike. The Board cannot point to any single issue of any consequence
whatsoever upon which the parties are in agreement.”[806]
Upon receiving the report, the President directed the Attorney General
to petition any district court having jurisdiction over the parties to
enjoin the continuance of the strike and to order such other relief as
might be necessary or appropriate.
Public-domain text, read in full here on John Shaqi.
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