S.Amdt. 4194Senate111th Congress (2009-2011)2nd degree

S.Amdt. 4194

What it does: Inserts new text on page 4, between lines 7 and 8 of the amendment
Submitted May 24, 2010

What it changes

1 change to S.Amdt. 4174

Inserts text
  1. Inserts new text on page 4, between lines 7 and 8 of the amendment

    Inserts

    Inserted: (6) 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.

    Inserted: SEC. 4002A. PUBLIC SAFETY PROTECTIONS.

    Inserted: (a) In General.--A State law described in section 4004(a) shall--

    Inserted: (1) provide that no labor organization may serve, or continue to serve, as the representative of any unit of public safety officers if--

    Inserted: (A) any of the labor organization's officers or agents are convicted of--

    Inserted: (i) a felony; or

    Inserted: (ii) a misdemeanor related to the organization's representational responsibilities; or

    Inserted: (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

    Inserted: (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 4004(b)(2); and

    Inserted: (B) provide that, in any civil action described in subparagraph (A), a public safety 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.

    Inserted: (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 title.

    Inserted: (c) Application.--Notwithstanding any other provision of law, the provisions of this section shall apply to all States.

    Original wording

    On page 4 of the amendment, between lines 7 and 8, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4194. Mr. ENZI submitted an amendment intended to be proposed to amendment SA 4174 proposed by Mr. Reid to the bill H.R. 4899, making emergency supplemental appropriations for disaster relief and summer jobs for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 4 of the amendment, between lines 7 and 8, insert the following:

(6) 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. 4002A. PUBLIC SAFETY PROTECTIONS.

(a) In General.--A State law described in section 4004(a) 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 4004(b)(2); and

(B) provide that, in any civil action described in subparagraph (A), a public safety 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 title.

(c) Application.--Notwithstanding any other provision of law, the provisions of this section shall apply to all States.

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Senate amendment submitted

May 24, 2010