S.Amdt. 3833

SA 3833. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 3830 proposed by Mr. Harkin (for himself, Mr. Kennedy, and
Mr. Gregg) to the amendment SA 3500 proposed by Mr. Harkin (for
himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R.
2419, to provide for the continuation of agricultural programs through
fiscal year 2012, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 10 of the amendment, strike line 3 and
all that follows through line 19 on page 11, and insert the
following:
``(6) Forbidding any public safety employer from
negotiating a contract or memorandum of understanding that
requires the payment of any fees to any labor organization as
a condition of employment.
``(c) Failure To Meet Requirements.--
``(1) In general.--If the Authority determines, acting
pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and
responsibilities described in subsection (b), such State
shall be subject to the regulations and procedures described
in section ___5.
``(2) Effective date.--Paragraph (1) shall take effect on
the date that is 2 years after the date of enactment of this
subtitle.

``SEC. ___5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, the Authority shall issue
regulations in accordance with the rights and
responsibilities described in section ___4(b) establishing
collective bargaining procedures for employers and public
safety officers in States which the Authority has determined,
acting pursuant to section ___4(a), do not substantially
provide for such rights and responsibilities.
``(b) Role of the Federal Labor Relations Authority.--The
Authority, to the extent provided in this subtitle and in
accordance with regulations prescribed by the Authority,
shall--
``(1) determine the appropriateness of units for labor
organization representation;
``(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a voting majority of the employees in an
appropriate unit;

[[Page S15253]]

``(3) resolve issues relating to the duty to bargain in
good faith;
``(4) conduct hearings and resolve complaints of unfair
labor practices;
``(5) resolve exceptions to the awards of arbitrators;
``(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, and the right of each employee to refrain from
payment of any fees to any labor organization, freely and
without fear of penalty or reprisal, and protect each
employee in the exercise of such right; and''.
______