For Expert Comment

Bernstein, an expert in labor law and legal issues relating to striking workers, is closely following the UPS strike. A member of the National Academy of Arbitrators, Bernstein serves as a mediator and consultant on labor and employment matters. He has followed labor issues for nearly a quarter of a century and most recently was a frequent commentator on the American Airlines pilots dispute and related provisions of the Railway L:abor Act.

Bernstein says Clinton, under the Taft-Hartley Act, could force a 60-day cooling off period, but he is unlikely to do so not only because the strike is not considered a threat to the nation's health and safety, but because the act is "totally ineffective."

"All it does is waste 60 days," he said. "The President would have to investigate and find there's a national emergency. Then, the Attorney General would have to go to court to seek an injunction to stop the strike for 60 days. After the 60 days, the employees would have to vote on the employer's last offer. But the employees are never going to accept that. And the employees can refuse to go back to work during the 60 days. What are they going to do? Throw 185,000 people in jail?"

Bernstein says UPS' desire to set up its own pension plan makes the labor dispute unusual.

"Most of the time the employers don't want to be bothered with having their own plan, but in this case, it is fairly clear that UPS is putting in more money because it's a multi-employer system and that UPS' share of the contributions are greater that it would be to set up their own plan."

Bernstein says the AFL-CIO's offer to provide financial support for striking Teamsters in the UPS dispute is the least it can do.

"If they could not provide the $55 a week in strike benefits they would really have problems," Bernstein said. "On the other hand, many families cannot live on that. It's not a princely sum, especially when you consider pilots can get up to $45,000 a year in strike benefits.