Status of Collective Bargaining
By Jeff Fluck

 


The “collective bargaining” bill for public safety personnel has taken many forms with this Congress. The Public Safety Employer-Employee Cooperation Act can be found in House bills HR 413 and HR 4899. In the Senate, the bills are SB 1611 and SB 3194.

HR 413 was introduced on January 9, 2009 by Rep. Kildee-D (MI-5). The House Education & Labor committee held hearings on March 10, 2010. The Police Benevolent Association attended and presented our support into the record. The committee voted to give the bill a favorable report. It has not been heard from since.

On March 21, 2010, the House introduced HR 4899 to (basically) appropriate the money to operate the government for the next year. After much work, on March 24th the House got it the way they wanted and passed it to the Senate. The Senate then went to work on it, tacking on amendments and taking them off. It was this process that saw S Amend. 4174 (collective bargaining rights for public safety officers) attached May 24. The US Senate passed HR 4899 but not before withdrawing S Amend. 4147. The Senate then passed “their” version back to the House on May 28th  “insisting” on its amendments and asking for a conference (to work out disagreements). The House decided to break up the Senate amendment into five parts and debate each separately. Parts 3, 4, and 5 were not agreed to. Parts one and two were approved with the House adding some of their own amendments in. It was part two that added back, in Chapter 4, the “public safety employer-employee cooperation act” in the late hours of July 1st. On July 13, the Senate received the House’s action and on July 22, the following took place; Sen. Reid made a motion to “agree” to the House amendment (latest version) of the Senate’s amendment (version). A Cloture motion was made to end DEBATE on Reid’s motion. This cloture vote failed, meaning they could continue to debate Reid’s motion. At that point Reid WITHDREW his motion to "agree" to the House version. The Senate then “disagreed” with the House amendment (version) by unanimous consent (no roll call vote). On July 27 the House agreed to the Senate version and HR 4899 passed into law (without the collective bargain amendment).

S 1611 was introduced on in the Senate on August 6, 2009 by Sen. Gregg-R (NH). The bill went to the Senate Health, Education, Labor & Pensions Committee where it has remained without further action.

Senator Harry Reid introduced S 3194, a collective bargaining bill for law enforcement. It is the same as the others, however this bill was introduced directly on the floor of the Senate on April 13 2010, read twice, and is calendared (#343) for a floor vote. It has not yet been called up. Sen. Reid’s staff has advised PBA, as recent as September 22, 2010, the bill will be brought up before this congress ends.

Support for these bills is mixed, with most southern representatives opposed.