S.Amdt. 3836Senate110th Congress (2007-2009)3rd degree

S.Amdt. 3836

Submitted December 12, 2007

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Senate amendment submitted

December 12, 2007

Text

Submitted

SA 3836. 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) Because of the critical role of public safety officers
in law enforcement, and the high public regard for such
employees, such employees should only be represented by
organizations that demonstrate a similar regard for the law
and inspire the same level of public trust and confidence.

SEC. __2A. PUBLIC SAFETY PROTECTIONS.

(a) In General.--A State law described in section __4(a) of
this subtitle shall--
(1) provide that no labor organization may serve, or
continue to serve, as the representative of any unit of
public safety officers if--
(A) any of the labor organization's officers or agents are
convicted of--
(i) a felony; or
(ii) a misdemeanor related to the organization's
representational responsibilities; or
(B) the organization, or the organization's officers,
agents, or employees, encourage, participate, or fail to take
all steps necessary to prevent any unlawful work stoppage or
disruption by any public safety officers represented by such
labor organization; and
(2)(A) provide any political subdivision or individual with
the right to bring a civil action in Federal court against
any public safety officer that engages in a strike, slowdown,
or other employment action that is unlawful under Federal or
State law or contrary to the provisions of a collective
bargaining agreement or a contract or memorandum of
understanding described in section __4(b)(2) of this
subtitle; and
(B) provide that, in any civil action described in
subparagraph (A), a public safety

[[Page S15254]]

employer may receive damages relating to the strike,
slowdown, or other employment action described in
subparagraph (A), and that joint and several liability shall
apply.
(b) Interaction With Other Laws.--Notwithstanding the Act
entitled ``An Act to amend the Judicial Code and to define
and limit the jurisdiction of courts sitting in equity, and
for other purposes'', approved March 23, 1932 (commonly known
as the ``Norris-LaGuardia Act''), or any other provision of
law, no Federal law that restricts the issuance of
injunctions or restraining orders in labor disputes shall
apply to labor disputes involving public safety officers
covered under this subtitle.
(c) Application.--Notwithstanding any other provision of
law, the provisions of this section shall apply to all
States.
______