S.Amdt. 4195Senate111th Congress (2009-2011)2nd degree

S.Amdt. 4195

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) 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

    Inserted: (7) 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.

    Inserted: (8) 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.

    Inserted: SEC. 4002A. PUBLIC SAFETY OFFICER BILL OF RIGHTS.

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

    Inserted: (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;

    Inserted: (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

    Inserted: (3) provide that--

    Inserted: (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

    Inserted: (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.

    Inserted: (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 title, 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)).

    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 4195. 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) 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

(7) 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.

(8) 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. 4002A. PUBLIC SAFETY OFFICER BILL OF RIGHTS.

(a) In General.--A State law described in section 4004(a) 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 title, 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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Senate amendment submitted

May 24, 2010