Originally Posted by
Kapitanleutnant
The 24-minute strike by American in 1997 was not
stopped by President Clinton. It was
delayed by 60 days, the length of a PEB as provided for in the RLA.
As Proximity explained, the American pilots ended up settling their dispute with management during the 60-day PEB period, so they never went back on strike. The reason, then, the American pilots didn’t go back on strike in 1997 had nothing to do with the President’s ability to stop a strike. Had they not come to an agreement within the 60 days of the PEB, they would have been able to go back on strike. The President couldn’t have stopped them.
One of the great myths propagated among the SWA pilot group by those who should know better is that “the President will shut down” any strike that might happen. Again, the President only has the power to
delay a strike with a PEB by 60 days. He/she can’t
stop a strike from happening.
Typically, a PEB occurs immediately following the expiration of the 30-day cooling-off period after a release from mediation and proffer of arbitration. The American 1997 case was a little unusual in that Clinton allowed a 24-minute gap in between the end of the cooling-off period and the PEB. Normally, the cooling-off period would roll right into a PEB. A strike is prohibited by law during both the cooling-off period and a PEB.
Also, some people might tell you that the President can unilaterally extend a PEB past 60 days or call a second PEB. Not true! He/she could only do so if
both sides agreed to it. According to the Department of Justice:
We conclude that the President may grant an extension for filing a report by an Emergency Board appointed under section 10 of the Railway Labor Act only if the parties consent to the extension by making a side agreement that extends the status quo period. As a practical matter, the effectiveness of any such extension of the status quo period depends upon the equitable enforceability of the side agreement, a matter concerning which there is substantial doubt. Furthermore, although the President may not unilaterally extend the thirty day deadline for filing a report, he may shorten it. Finally, any subsequent boards appointed by the President (whether by reconvening an Emergency Board or appointing a new one) cannot bind the parties to status quo without their consent.