S.Amdt. 3838

SA 3838. 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:

In section __8(b) of the amendment, insert before paragraph
(1) the following and redesignate accordingly:
(1) Harmonizing with federal law.--
(A) Exemption.--Notwithstanding any other provision of this
subtitle, a governor or the legislative body of a State, or a
mayor or other chief executive officer or authority or the
legislative body of a political subdivision, may exempt from
the requirements established under this subtitle or otherwise
any group of public safety officers whose job function is
similar to the job function performed by any group of Federal
employees that is excluded from collective bargaining under
Federal law or an Executive order.
(B) Treatment of certain employees.--Notwithstanding any
provision of State law, supervisory, managerial, and
confidential employees employed by public safety employers
shall be treated in the same manner for purposes of
collective-bargaining as individuals employed in the same
capacity by any employer covered under the provisions of the
National Labor Relations Act (29 U.S.C. 151 et seq.).
(C) Rule of construction.--Notwithstanding any provision of
this subtitle, nothing in this subtitle shall be construed to
require mandatory bargaining except to the extent, and with
regard to the subjects, that mandatory bargaining is required
between the Federal Government and any of its public safety
employees.
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