[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 636
To provide collective bargaining rights for public safety officers
employed by States or their political subdivisions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 19, 2025
Mr. Hickenlooper (for himself and Ms. Hassan) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide collective bargaining rights for public safety officers
employed by States or their political subdivisions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act''.
SEC. 2. PURPOSE AND POLICY.
Congress declares that the following is the policy of the United
States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully uses the strengths of both parties
to best serve the interests of the public: operating as a team
to carry out the public safety mission in a quality work
environment. In many public safety agencies, it is the labor
organization that provides the institutional stability as
elected leaders and appointees come and go.
(2) State and local public safety officers play an
essential role in the efforts of the United States to detect,
prevent, and respond to terrorist attacks and to respond to
natural disasters, hazardous materials, and other mass casualty
incidents. State and local public safety officers, as first
responders, are a component of the National Incident Management
System, developed by the Department of Homeland Security to
coordinate response to and recovery from terrorism, major
natural disasters, and other major emergencies. Public safety
employer-employee cooperation is essential in meeting these
needs and is, therefore, in the national interest.
(3) The Federal Government needs to encourage conciliation,
mediation, and arbitration to aid and encourage public safety
employers and the representatives of their employees to reach
and maintain agreements concerning rates of pay, hours, and
working conditions and to make all reasonable efforts through
negotiations to settle their differences by mutual agreement
reached through collective bargaining or by such methods as may
be provided for in any applicable agreement for the settlement
of disputes.
(4) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of law enforcement, fire,
and emergency medical services of local communities, the health
and well-being of public safety officers, and the morale of law
enforcement, fire, and emergency medical service departments.
Additionally, these factors could have significant commercial
repercussions. Moreover, providing minimal standards for
collective bargaining negotiations in the public safety sector
can prevent industrial strife between labor and management that
interferes with the normal flow of commerce.
(5) Many States and localities already provide public
safety officers with collective bargaining rights comparable to
or greater than the rights and responsibilities set forth in
this Act, and such State and local laws should be respected.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Confidential employee.--The term ``confidential
employee'', with respect to the application of this Act in a
State--
(A) has the meaning given such term (or a
substantially equivalent term) under any applicable
State law of such State on the date of enactment of
this Act; or
(B) if no such applicable State law is in effect in
such State, means an individual, employed by a public
safety employer, who--
(i) is designated as confidential; and
(ii) is an individual who routinely
assists, in a confidential capacity, any
supervisory employee or management employee.
(3) Emergency medical services employee.--The term
``emergency medical services employee'' means an individual who
provides out-of-hospital emergency medical care, including an
emergency medical technician, paramedic, or first responder.
(4) Employ.--The term ``employ'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(5) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee in fire protection activities'' in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(6) Labor organization.--The term ``labor organization''
means an organization of any kind, in which public safety
officers participate and which exists for the purpose, in whole
or in part, of dealing with a public safety employer concerning
grievances, conditions of employment, and related matters.
(7) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10284).
(8) Management employee.--The term ``management employee'',
with respect to the application of this Act in a State--
(A) has the meaning given such term (or a
substantially equivalent term) under any applicable
State law of such State on the date of enactment of
this Act; or
(B) if no such applicable State law is in effect in
such State, means an individual employed by a public
safety employer in a position that requires or
authorizes the individual to formulate, determine, or
influence the policies of the public safety employer.
(9) Person.--The term ``person'' means an individual or a
labor organization.
(10) Public safety employer.--
(A) In general.--The term ``public safety
employer'' means any State, or political subdivision of
a State, that employs a public safety officer.
(B) Applicability.--For purposes of this Act, a
public safety employer shall be considered to be
engaged in commerce or in an industry or activity
affecting commerce.
(11) Public safety officer.--The term ``public safety
officer''--
(A) means an individual employed by a public safety
employer who is a law enforcement officer, a
firefighter, or an emergency medical services employee;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) except as provided in subparagraph (B), does
not include--
(i) a supervisory employee;
(ii) a management employee; or
(iii) a confidential employee.
(12) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and any
territory or possession of the United States.
(13) Substantially provides.--The term ``substantially
provides'', when used with respect to the rights and
responsibilities described in section 4(b), means providing
rights and responsibilities that are comparable to or greater
than each right and responsibility described in such section.
(14) Supervisory employee.--The term ``supervisory
employee'', with respect to the application of this Act in a
State--
(A) has the meaning given such term (or a
substantially equivalent term) under any applicable
State law of such State on the date of enactment of
this Act; or
(B) if no such applicable State law is in effect in
such State, an individual, employed by a public safety
employer, who--
(i) has the authority in the interest of
the public safety employer, if the exercise of
such authority is not merely routine or
clerical in nature but requires the consistent
exercise of independent judgment, to--
(I) hire, direct, assign, promote,
reward, transfer, furlough, lay off,
recall, suspend, discipline, or remove
public safety officers;
(II) adjust the grievances of
public safety officers; or
(III) effectively recommend any
action described in subclause (I) or
(II); and
(ii) devotes a majority of time at work to
exercising such authority.
(15) Unfair labor practice.--The term ``unfair labor
practice'' means a practice described in section 7116 of title
5, United States Code, except that, in applying such section--
(A) ``public safety officer'' shall be substituted
for ``employee'';
(B) ``public safety employer'' shall be substituted
for ``agency''; and
(C) ``this Act'' shall be substituted for ``this
chapter''.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act (except as provided in paragraph (4)(B)),
the Authority shall make a determination for each State as to
whether a State substantially provides for each of the rights
and responsibilities described in subsection (b).
(2) Consideration of additional opinions.--In making the
determination described in paragraph (1), the Authority shall
consider the opinions of affected public safety employers and
labor organizations. In the case where the Authority is
notified by an affected public safety employer and labor
organization that both parties agree that the law applicable to
such public safety employer and labor organization
substantially provides for the rights and responsibilities
described in subsection (b), the Authority shall give such
agreement weight to the maximum extent practicable in making
the Authority's determination under paragraph (1).
(3) Limited criteria.--In making the determination
described in paragraph (1), the Authority shall be limited to
the application of the criteria described in subsection (b).
(4) Subsequent determinations.--
(A) In general.--A determination made pursuant to
paragraph (1) shall remain in effect unless and until
the Authority issues a subsequent determination, in
accordance with the procedures set forth in
subparagraph (B).
(B) Procedures for subsequent determinations.--A
public safety employer or a labor organization may
submit to the Authority a written request for a
subsequent determination with respect to whether a
material change of State law (or an interpretation of
such law) has occurred.
(C) Issuance of subsequent determination.--If
satisfied that a material change in State law or its
interpretation has occurred, the Authority shall issue
a subsequent determination under paragraph (1) not
later than 30 days after receipt of such request.
(5) Exception.--The Authority shall not make a
determination under paragraph (1) that the laws of a State do
not substantially provide for each of the rights and
responsibilities described in subsection (b) on the basis that
relevant State laws--
(A) permit an employee to appear on the employee's
own behalf with respect to the employee's employment
relations with the public safety employer involved;
(B) do not apply to a political subdivision of the
State if such political subdivision--
(i) has a population of fewer than 5,000
individuals; or
(ii) employs fewer than 25 full-time
employees (excluding any individual elected by
popular vote or appointed to serve on a board
or commission); or
(C) do not require bargaining with respect to
pension, retirement, or health benefits.
(6) Judicial review.--Any person or public safety employer
aggrieved by a determination of the Authority under paragraph
(1) may, during the 60-day period beginning on the date on
which the determination was made, petition any United States
Court of Appeals in the circuit in which the person or public
safety employer resides or transacts business or in the Court
of Appeals for the District of Columbia Circuit, for judicial
review.
(b) Rights and Responsibilities.--The rights and responsibilities
described under this subsection are the following:
(1) A right of public safety officers to form and join a
labor organization--
(A) which may exclude any management employee,
supervisory employee, or confidential employee, and
(B) that is, or seeks to be, recognized as the
exclusive bargaining representative of such public
safety officers.
(2) A requirement that any public safety employer--
(A) recognize the labor organization of its public
safety officers (freely chosen by a majority of the
public safety officers);
(B) agree to bargain with such labor organization;
and
(C) commit any agreements with such labor
organization to writing in a contract or memorandum of
understanding.
(3) A right of public safety officers to bargain with
respect to hours, wages, and terms and conditions of
employment.
(4) A right to binding interest arbitration as a mechanism
to resolve an impasse in collective bargaining negotiations.
(5) A right to enforcement of all rights, responsibilities,
and protections enumerated in this subsection, and of any
written contract or memorandum of understanding between a labor
organization and a public safety employer, through--
(A) a State administrative agency, if the State so
chooses; or
(B) any court of competent jurisdiction.
(c) Compliance With Requirements.--If the Authority determines
under subsection (a)(1) that a State substantially provides each of the
rights and responsibilities described in subsection (b), then
subsection (d) shall not apply and this Act shall not preempt the laws
of such State.
(d) Failure To Meet Requirements.--
(1) In general.--If the Authority determines under
subsection (a)(1) that a State does not substantially provide
for the rights and responsibilities described in subsection
(b), then such State shall be subject to the regulations and
procedures described in section 5 beginning on the later of--
(A) the date that is 2 years after the date of
enactment of this Act;
(B) the date that is the last day of the first
regular session of the legislature of the State that
begins after the date the Authority makes a
determination under subsection (a)(1); or
(C) in the case of a State receiving a subsequent
determination under subsection (a)(4), the date that is
the last day of the first regular session of the
legislature of the State that begins after the date the
Authority made the determination.
(2) Partial failure.--If the Authority determines under
subsection (a)(1) that a State does not substantially provide
for the rights and responsibilities described in subsection (b)
because the State law substantially provides for such rights
and responsibilities for certain categories of public safety
officers covered by this Act but not others, the Authority
shall identify those categories of public safety officers that
shall be subject to the regulations and procedures described in
section 5, pursuant to section 8(b)(3) and beginning on the
appropriate date described in paragraph (1), and those
categories of public safety officers that shall remain solely
subject to State law with respect to the rights and
responsibilities described in subsection (b).
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations, in accordance with
the rights and responsibilities described in section 4(b), establishing
collective bargaining procedures for public safety employers and public
safety officers that substantially provide for the minimum standards
described in section 4(b) for States described in section 4(d).
(b) Role of the Federal Labor Relations Authority.--In carrying out
subsection (a), 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 chosen as an exclusive
representative by a voting majority of the public safety
officers 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, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for the
District of Columbia Circuit, to enforce any final orders under
this section, and for appropriate temporary relief or a
restraining order.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph (1)
and except as provided in section 8(b)(4) with respect to
States, any party may file suit in any appropriate district
court of the United States to enforce compliance with the
regulations issued by the Authority pursuant to this section,
or to enforce compliance with any order issued by the Authority
pursuant to this section.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
(a) In General.--Subject to subsection (b), a public safety
employer, public safety officer, or labor organization may not engage
in a lockout, sickout, work slowdown, strike, or any other organized
job action that will measurably disrupt the delivery of emergency
services and is designed to compel a public safety employer, public
safety officer, or labor organization to agree to the terms of a
proposed contract.
(b) No Preemption.--Nothing in this section shall be construed to
preempt any law of any State or political subdivision of any State with
respect to strikes by public safety officers.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
The enactment of this Act shall not invalidate any certification,
recognition, result of an election, collective bargaining agreement, or
memorandum of understanding that has been issued, approved, or ratified
by any public employee relations board or commission or by any State or
political subdivision or its agents and is in effect on the day before
the date of enactment of this Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to preempt or limit the remedies, rights, and
procedures of any law of any State or political subdivision of
any State that provides comparable or greater rights and
responsibilities than the rights and responsibilities described
in section 4(b); or
(2) to prevent a State from enforcing any law that
prohibits public safety employers and labor organizations from
negotiating provisions in a labor agreement that require labor
organization membership or payment of labor organization fees
as a condition of employment.
(b) Compliance.--
(1) Actions of states.--Nothing in this Act or the
regulations promulgated under this Act shall be construed to
require a State to rescind or preempt the laws or ordinances of
any of the State's political subdivisions if such laws provide
rights and responsibilities for public safety officers that are
comparable to or greater than the rights and responsibilities
described in section 4(b).
(2) Actions of the authority.--Nothing in this Act or the
regulations promulgated under this Act shall be construed to
preempt--
(A) the laws or ordinances of any State or
political subdivision of a State, if such laws provide
collective bargaining rights for public safety officers
that are comparable to or greater than the rights
enumerated in section 4(b);
(B) the laws or ordinances of any State or
political subdivision of a State that provide for the
rights and responsibilities described in section 4(b)
with respect to certain categories of public safety
officers covered by this Act solely because such rights
and responsibilities have not been extended to other
categories of public safety officers covered by this
Act; or
(C) the laws or ordinances of any State or
political subdivision of a State that provide for the
rights and responsibilities described in section 4(b),
solely because such laws or ordinances provide that a
contract or memorandum of understanding between a
public safety employer and a labor organization must be
presented to a legislative body as part of the process
for approving such contract or memorandum of
understanding.
(3) Limited enforcement power.--In the case of a law
described in paragraph (2)(B), the Authority shall only
exercise the powers provided in section 5 with respect to those
categories of public safety officers who have not been afforded
the rights and responsibilities described in section 4(b).
(4) Exclusive enforcement provision.--Notwithstanding any
other provision of the Act, and in the absence of a waiver of a
State's sovereign immunity, the Authority shall have the
exclusive power to enforce the provisions of this Act with
respect to employees of a State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
<all>