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Full Text of this Amendment

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.
(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 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.

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