S.Amdt. 3835Senate110th Congress (2007-2009)3rd degree

S.Amdt. 3835

Submitted December 12, 2007

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Senate amendment submitted

December 12, 2007

Text

Submitted

SA 3835. Mr. ENZI 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:

At the end of section __2 of the amendment, add the
following:
(5) Public safety officers frequently endanger their own
lives to protect the rights of individuals in their
communities. In return, each officer deserves the optimal
protection of his or her own rights under the law.
(6) The health and safety of the Nation and the best
interests of public security are furthered when employees are
assured that their collective bargaining representatives have
been selected in a free, fair and democratic manner.
(7) An employee whose wages are subject to compulsory
assessment for any purpose not supported or authorized by
such employee is susceptible to job dissatisfaction. Job
dissatisfaction negatively affects job performance, and, in
the case of public safety officers, the welfare of the
general public.

SEC. __2A. PUBLIC SAFETY OFFICER BILL OF RIGHTS.

(a) In General.--A State law described in section __4(a) of
this subtitle shall--
(1) provide for the selection of an exclusive bargaining
representative by public safety officer employees only
through the use of a democratic, government-supervised,
secret ballot election upon the request of the employer or
any affected employee;
(2) ensure that public safety employers recognize the
employees' labor organization, freely chosen by a majority of
the employees pursuant to a law that provides the democratic
safeguards set forth in paragraph (1), to agree to bargain
with the labor organization, and to commit any agreements to
writing in a contract or memorandum of understanding; and
(3) provide that--
(A) no public safety officer shall, as a condition of
employment, be required to pay any amount in dues or fees to
any labor organization for any purpose other than the direct
and demonstrable costs associated with collective bargaining;
and
(B) a labor organization shall not collect from any public
safety officer any additional amount without full disclosure
of the intended and actual use of such funds, and without the
public safety officer's written consent.
(b) Applicability of Disclosure Requirements.--
Notwithstanding any other provision of law, any labor
organization that represents or seeks to represent public
safety officers under State law or this subtitle, or in
accordance with regulations promulgated by the Federal Labor
Relations Authority, shall be subject to the requirements of
title II of the Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 432 et seq.) as if such public safety
labor organization was a labor organization defined in
section 3(i) of such Act (29 U.S.C. 402(i)).
(c) Application.--Notwithstanding any other provision of
law, the provisions of this section shall apply to all
States.
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