In 1993 Clinton issued an executive order banning federal contractors from future work for the government if they hire permanent replacements for striking employees. According to the White House, the order was intended to prevent lengthy labor disputes in the private sector from affecting the quality and timely delivery of goods to the government. Commodities provided by private manufacturers have included such staples as M-16 rifles and tires for government vehicles. A group of federal contractors has sued to overturn the order, arguing that it amounts to unconstitutional lawmaking.
Federal contractors make up one out of every three private employers.
The overturning of Clinton's order could seriously impair the ability of future presidents to check abuses by majority-ruled Congresses, said professor Michael LeRoy said. In an article to be published next month in the Boston College Law Review, the labor law expert reviews 113 executive orders. Although opponents to Clinton's order liken it to Truman's, LeRoy believes the two are vastly different. In fact, an employer can hire permanent striker replacements. There also is evidence that replacement strikes frequently involve serious disruptions and are occasionally violent.