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July 24, 2008    DOL Home > News Release Archives > OSEC/OPA 1995   

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Archived News Release--Caution: information may be out of date.

U.S. DEPARTMENT OF LABOR

OFFICE OF PUBLIC AFFAIRS

EXECUTIVE ORDER ON STRIKER REPLACEMENT UPHELD BY COURT

Mon., July 31, 1995

For more information call: 202/219- 8211.

Today, the U.S. District Court for the District of Columbia, upheld President Clinton's Executive Order barring the permanent replacement of striking workers, Secretary of Labor Robert B. Reich announced.

"This decision is a victory for the President and more important for working Americans," Reich said. "The Court confirmed that it is the President's responsibility and within his authority to demand that taxpayer's dollars only be spent on quality goods and services."

In her decision Judge Gladys Kessler wrote, "Executive Order 12954 reflects the President's judgment that there is a negative relationship between satisfaction of the government's procurement needs and the use of permanent striker replacements by government contractors."

She continued, "The President, in issuing Executive Order 112954, was acting in his capacity as manager of the federal government's property. The Executive Order merely specifies one of the terms (refusal to hire permanent striker replacements) on which it is willing to do business."

"The use or threat to use permanent replacement workers destroys opportunities for cooperative and stable labor- management relations," Reich said. "And that, President Clinton concluded, harms the employees who deliver these services and the taxpayers who pick up the tab."

Executive Order 112954 bars employers with federal contracts exceeding $100,000 from permanently replacing lawfully striking workers. The Secretary of Labor is charged with the administration and enforcement of this policy.

Judge Kessler postponed the date of enforcement of the Executive Order until the Court of Appeals has had an opportunity to review her decision, should the plaintiffs seek review.


Archived News Release--Caution: information may be out of date.




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