SA 3833. Mr. DeMINT 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:

Beginning on page 10 of the amendment, strike line 3 and all that follows through line 19 on page 11, and insert the following:
``(6) Forbidding any public safety employer from negotiating a contract or memorandum of understanding that requires the payment of any fees to any labor organization as a condition of employment.
``(c) Failure To Meet Requirements.--
``(1) IN GENERAL.--If the Authority determines, acting pursuant to its authority under subsection (a), that a State does not substantially provide for the rights and responsibilities described in subsection (b), such State shall be subject to the regulations and procedures described in section __X5.

``(2) EFFECTIVE DATE.--Paragraph (1) shall take effect on the date that is 2 years after the date of enactment of this subtitle.
``SEC. __X5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
``(a) In General.--Not later than 1 year after the date of enactment of this subtitle, the Authority shall issue regulations in accordance with the rights and responsibilities described in section __X4(b) establishing collective bargaining procedures for employers and public safety officers in States which the Authority has determined, acting pursuant to section
__X4(a), do not substantially provide for such rights and responsibilities.

``(b) Role of the Federal Labor Relations Authority.--The Authority, to the extent provided in this subtitle and in accordance with regulations prescribed by the Authority, shall--
``(1) determine the appropriateness of units for labor organization representation;
``(2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a voting majority of the employees in an appropriate unit;
``(3) resolve issues relating to the duty to bargain in good faith;
``(4) conduct hearings and resolve complaints of unfair labor practices;
``(5) resolve exceptions to the awards of arbitrators;
``(6) protect the right of each employee to form, join, or assist any labor organization, or to refrain from any such activity, and the right of each employee to refrain from payment of any fees to any labor organization, freely and without fear of penalty or reprisal, and protect each employee in the exercise of such right; and''.


(As printed in the Congressional Record for the Senate on Dec 12, 2007.)