Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, August 1, 1995 TAG: 9508010074
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Short
Judge Gladys Kessler issued an injunction against enforcement of a rule that prohibits the award of federal contracts worth $100,000 or more to companies that hire permanent striker replacements.
Although Kessler rejected all arguments against the rule - an executive order President Clinton signed in March - she blocked enforcement pending an appeal by a business group led by the U.S. Chamber of Commerce.
The rule raises difficult legal questions on presidential authority that deserve more detailed discussion, said Kessler, a U.S. District Court judge.
Labor Secretary Robert Reich, whose department enforces the rule, called it a victory for the president.
``The courts confirmed that the president has the responsibility and authority to bar contracts with companies that permanently replace striking workers,'' Reich said. Replacement workers can't assure quality work, Reich said.
The chamber says Clinton exceeded his authority and violated federal law.
``Since the late 1930s, the Supreme Court has consistently ruled that employers have the right to hire permanent replacements for strikers,'' said Stephen Bokat, the chamber's general counsel.
The chamber also calls the order political - a ``gift to the unions'' disguised as an attempt to improve government purchasing practices.
by CNB