A procurement-related rationale is needed to sustain Clinton's executive order prohibiting federal contractors from permanently replacing striking workers

Article Abstract:

Executive Order 12954 issued by President Clinton to block government contractors from permanently replacing striking workers faces challenges in both Congress and the courts. The Mar 8, 1995, order followed the failure of a bill banning all such replacement, and thus raises the appearance of executive authority trying to evade congressional will. Several efforts are proceeding in Congress to block the order's implementation, and suits are appearing in courts. Case law suggests the order skirts the understood boundaries. The administration must demonstrate a rationale for the order in relation to procurement law.

---

Sidestepping Congress

Article Abstract:

President Bill Clinton's executive order barring federal contractors from permanently replacing striking workers destabilizes union-management relations and demolishes procurement advances. The order purports to help companies build stable relationships with their employees, but it leaves employers powerless in negotiations. It is a blatant political ploy to gain favor with unions, and it will harm companies, the government and other clients, and the public as a whole. Fortunately, legal challenges may succeed.

---

Federal affirmative action programs, following Adarand, are being revamped to promote diversity through measures that don't use racial or gender preferences

Article Abstract:

The US Supreme Court's Adarand decision had led to the Clinton administration's application of strict scrutiny standards to any federal affirmative action programs, including minority set-asides. Although recruitment or outreach programs are beyond the scope of Adarand, which requires affirmative action programs to withstand strict scrutiny, other programs may be retooled to aid the disadvantaged without specifically tying the aid to race, gender, or ethnicity.

Affirmative action

Similar abstracts:

• Abstracts: Panel raps Bush's order; president's effort to cut litigation called "no-brainer." (executive order requiring government lawyers to reduce court congestion and delay)
• Abstracts: Tribunal liberates Victorian newsagents and sub-agents. Exercising contractual rights and imposing restrictive conditions - a misuse of market power?
• Abstracts: Benlate winners must try again: Fla. judge orders retrials, citing victors' misconduct. Nicaraguans say they're not paying
• Abstracts: HMO legislation is aimed at protecting patients; consumers and providers call for regulation; the managed care industry would disagree
• Abstracts: Charitable trust can be used to convey stock in close corp. Planning for possible pretermitted children and pretermitted spouses

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.