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UPDATE ON US CONGRESS BILL HR 980
(“Public Safety Employer-Employee Cooperation
Act of 2007)
Monday May 19, 2008
The US Senate debated and attempted to vote on
HR 980, a local-state public safety collective
bargaining bill, the week of May 12th (Peace
Officers Memorial Week). Senators staked out
their positions. Largely the positions turned
not on party lines, as much as on geographic
lines, with “southern” Senators running the
opposition. The White House also voiced their
opposition in a letter to the Senate (click
here).
The bill debate continued into the third day
with a possible floor vote on May 15, 2008,
“Peace Officer Memorial Day!” The opposition
attempted to derail the bill by loading it up
with amendments. At the close of debate
Wednesday there were 12 submitted amendments.
Here is a summary of those amendments:
4750 Sen Chambliss, Saxby* [R-GA]: Exempts
Sheriff departments (and their deputies) from
this bill.
4751 Sen Gregg, Judd [R-NH]: Changes bill to act
of “2008.”
4752 Sen DeMint, Jim [R-SC]: Retains states’
“right to work”, not “requiring” employees to
join union as condition of employment.
4753 Sen DeMint, Jim [R-SC]: Provides for a
“secret ballot” election of the representative
union, overseen by a government body or agency.
4754 Sen Vitter, David [R-LA]: Attempts to
exempt Sheriff departments.
4755 Sen Hatch, Orrin G. [R-UT]: Use of
government-supervised secret ballot union
selection.
-Right to work provision, dues equal only to
direct costs associated to bargaining expenses,
any additional costs disclosed and approved by
employee.
-Union subject to Labor-Management Reporting and
Disclosure Act of 1959.
4756 Sen Vitter, David [R-LA]: Attempts to
exempt Sheriff and deputies.
4757 Sen Vitter, David [R-LA]: Attempts to
insert a change to the nation-wide concealed
carry law regarding state reciprocity.
4758 Sen Leahy, Patrick J. [D-VT]: Attempts to
change nation-wide concealed carry law to add
Amtrak police and change retired definition from
15 years of service to 10 years.
4759 Sen Leahy, Patrick J. [D-VT]: Extends the
bulletproof vest partnership grants to 2012 and
provides a match waiver in hardship cases.
4760 Sen Alexander, Lamar *[R-TN]: Would exempt
any agency which could show the bill would be
contrary to the “best interest” of their
communities “public safety,” or would result in
increase of local taxes, or would result in
decrease in the level of public safety or “other
municipal services.”
4761 Sen Corker, Bob [R-TN]: Would exempt any
state or subdivision which, within 1 year,
passes a law to refute the bill.
As the week progressed, the opposition continued
to load up the bill with amendments in an effort
to derail any vote. Amendments ran the gambit,
from those reported in Wednesday’s update to the
extremes of immigration and abortion rights. The
breaking point was the Republicans’ attempt to
attach the McCain GI Bill of Rights to the bill.
The Cloture motion scheduled for Friday was
withdrawn. With the Senate scheduled to take up
the emergency supplemental appropriation to
support the troops fighting abroad, Senate
Majority Leader Harry Reid (D-NV) was compelled
to temporarily suspend debate, delaying
indefinitely, action on the collective
bargaining bill. Before doing so, he made a
public plea to Senator Mike Enzi (R-WY), who was
leading the charge for the Republican side of
the aisle, to reach an agreement on a reasonable
list of amendments to be considered. The bill’s
Democratic point man, Senator Ted Kennedy
(D-MA), and Republican leader Mitch McConnell
(R-KY) also spoke on the floor to express their
desire to reach an agreement that would allow
the Senate to move forward on this legislation.
New amendments listed added included;
4762 Sen. DeMint (R-SC): Prohibit illegal aliens
from benefits under this bill
4763 Sen. Graham (R-SC)* (Burr R_NC & McCain
R-AZ): GI Bill
4764 Sen. McConnell (R-KY)* (Burr R-NC & McCain
R-AZ): GI Bill
4765 Sen. Allard (R-CO)*: “Good Samaritan”
liability protection
4766-70 Sen. Enzi (R-WY)*: ’66 random drug
testing / ’67 “harmonize” with Federal
bargaining jobs / ’68 representation by high
public confidence representatives only
applicable to “all states” / ’69 anti strike and
lock against ANY public employee by representing
union / ’70 covered employees not subject to
conflict of interest
4771-72 Sen. Hutchison (R-TX): ’71 approval by
citizens through special referendum election /
’72 bill does not preempt any states laws
4773-75 Sen. Cornyn (R-TX)*: ’73 injunctive
relief in federal court and union fine for
violation / ’74 Labor-Management Reporting and
Disclosure act of 1959 to apply / ’75
representative union to be approved by political
subdivision election
4776 Sen. Boxer (D-CA): Health care for first
responder exposure
4777 Sen. Feinstein (D-CA): authorizes the
Edward Byrne Memorial Justice Assistance Grant
Program through 2012
4778 to 85 Sen. DeMint (R-SC): ’78 sets “right
to work” provision / ’79 “right to life” of
unborn / ’80 exclusive bargaining
prohibition-individual employee right to bargain
individually / ’81 provide for citizen concealed
carry / ’82 citizen CCW state reciprocity / ’83
prohibit union dues payroll deduction / ’84
right to work / ’85 decertify union with illegal
alien members.
*[Senators up for election in 2008]
It is hoped that both sides can come to a middle
ground with regard to debatable amendments
germane to the bill, within the next few weeks,
so that the Senate can once again take up
consideration of this important legislation.
We will keep you posted.
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