[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1249 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1249

  To provide collective bargaining rights for public safety officers 
          employed by States or their political subdivisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

 Mr. Kildee (for himself, Mr. Ney, Mr. Allen, Mr. Berman, Mr. Bonner, 
   Mr. Chandler, Mr. Conyers, Mr. Crowley, Mr. Dicks, Mr. English of 
     Pennsylvania, Mr. Farr, Mr. Gene Green of Texas, Mr. Green of 
Wisconsin, Mr. Grijalva, Mr. Holden, Mr. Holt, Mr. Inslee, Mr. Kennedy 
 of Minnesota, Mr. King of New York, Mr. Larsen of Washington, Ms. Zoe 
 Lofgren of California, Ms. McCollum of Minnesota, Mr. McDermott, Mr. 
 McHugh, Mr. McNulty, Mr. George Miller of California, Mr. Olver, Mr. 
Owens, Mr. Pallone, Mr. Sabo, Mr. Shays, Mr. Sherman, Mr. Shimkus, Mr. 
Simmons, Ms. Slaughter, Ms. Solis, Mrs. Tauscher, Mr. Tierney, Mr. Van 
    Hollen, Mr. Waxman, Mr. Weldon of Pennsylvania, Mr. Wexler, Ms. 
   Woolsey, Mr. Peterson of Minnesota, Ms. Watson, Mr. Weiner, Mrs. 
 Christensen, Mrs. Jones of Ohio, and Mr. Kuhl of New York) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To provide collective bargaining rights for public safety officers 
          employed by States or their political subdivisions.

    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 of 2005''.

SEC. 2. DECLARATION OF 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 utilizes 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 
        union that provides the institutional stability as elected 
        leaders and appointees come and go.
            (2) The health and safety of the Nation and the best 
        interests of public safety employers and employees can be best 
        protected by the settlement of issues through the processes of 
        collective bargaining.
            (3) The Federal Government needs to encourage conciliation, 
        mediation, and voluntary arbitration to aid and encourage 
        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. Additionally, the lack of such labor-management 
        cooperation detrimentally impacts the upgrading of police and 
        fire services of local communities, the health and well-being 
        of public safety officers, and the morale of the fire and 
        police departments. These factors could have significant 
        commercial repercussions. Moreover, providing minimal standards 
        for collective bargaining negotiations in the public safety 
        sector will prevent industrial strife between labor and 
        management that interferes with the normal flow of commerce.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Authority'' means the Federal Labor 
        Relations Authority.
            (2) The term ``public safety officer''--
                    (A) means an employee of a public safety agency who 
                is a law enforcement officer, a firefighter, or 
                emergency medical services personnel;
                    (B) includes an individual who is temporarily 
                transferred to a supervisory or management position; 
                and
                    (C) does not include a permanent supervisory or 
                management employee.
            (3) The term ``firefighter'' has the same meaning given the 
        term ``employee engaged in fire protection activities'' defined 
        in section 3 of the Fair Labor Standards Act (29 U.S.C. 
        203(y)).
            (4) The term ``emergency medical services personnel'' means 
        an individual who provides out-of-hospital emergency medical 
        care, including an emergency medical technician, paramedic, or 
        first responder.
            (5) The term ``law enforcement officer'' has the same 
        meaning given such term in section 1204(5) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(5)).
            (6) The term ``supervisory employee'' has the meaning given 
        such term under applicable State law in effect on the date of 
        enactment of this Act. If no such State law is in effect, the 
        term means an individual, employed by a public safety employer, 
        who--
                    (A) has the authority in the interest of the 
                employer to hire, direct, assign, promote, reward, 
                transfer, furlough, lay off, recall, suspend, 
                discipline, or remove public safety officers, to adjust 
                their grievances, or to effectively recommend such 
                action, if the exercise of the authority is not merely 
                routine or clerical in nature but requires the 
                consistent exercise of independent judgment; and
                    (B) devotes a majority of time at work exercising 
                such authority.
            (7) The term ``management employee'' has the meaning given 
        such term under applicable State law in effect on the date of 
        enactment of this Act. If no such State law is in effect, the 
        term 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 
        employer.
            (8) The terms ``employer'' and ``public safety agency'' 
        mean any State, political subdivision of a State, the District 
        of Columbia, or any territory or possession of the United 
        States that employs public safety officers.
            (9) The term ``labor organization'' means an organization 
        composed in whole or in part of employees, in which employees 
        participate, and which represents such employees before public 
        safety agencies concerning grievances, conditions of employment 
        and related matters.
            (10) The term ``substantially provides'' means compliance 
        with the essential requirements of this Act, specifically, the 
        right to form and join a labor organization, the right to 
        bargain over wages, hours and conditions of employment, the 
        right to sign an enforceable contract, and availability of some 
        form of mechanism to break an impasse, such as arbitration, 
        mediation, or fact finding.

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, the Authority shall make a determination 
        as to whether a State substantially provides for the rights and 
        responsibilities described in subsection (b). In making such 
        determinations, the Authority shall consider and give weight, 
        to the maximum extent practicable, to the opinion of affected 
        employee organizations.
            (2) Subsequent determinations.--(A) 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) Upon establishing that a material change in State law 
        or its interpretation has occurred, an employer or a labor 
        organization may submit a written request for a subsequent 
        determination. If satisfied that a material change in State law 
        or its interpretation has occurred, the Director shall issue a 
        subsequent determination not later than 30 days after receipt 
        of such request.
            (3) Judicial review.--Any person aggrieved by a 
        determination of the Authority under this section 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 resides or transacts 
        business or in District of Columbia circuit, for judicial 
        review. In any judicial review of a determination by the 
        Authority, the procedures contained in section 7123(c) and (d) 
        of title 5, United States Code, shall be followed, except that 
        any final determination of the Authority with respect to 
        questions of fact or law shall be found to be conclusive unless 
        the court determines that the Authority's decision was 
        arbitrary and capricious.
    (b) Rights and Responsibilities.--In making a determination 
described in subsection (a), the Authority shall consider whether State 
law provides rights and responsibilities comparable to or greater than 
the following:
            (1) Granting public safety officers the right to form and 
        join a labor organization, which may exclude management and 
        supervisory employees, that is, or seeks to be, recognized as 
        the exclusive bargaining representative of such employees.
            (2) Requiring public safety employers to recognize the 
        employees' labor organization (freely chosen by a majority of 
        the employees), to agree to bargain with the labor 
        organization, and to commit any agreements to writing in a 
        contract or memorandum of understanding.
            (3) Permitting bargaining over hours, wages, and terms and 
        conditions of employment.
            (4) Requiring an interest impasse resolution mechanism, 
        such as fact-finding, mediation, arbitration or comparable 
        procedures.
            (5) Requiring enforcement through State courts of--
                    (A) all rights, responsibilities, and protections 
                provided by State law and enumerated in this section; 
                and
                    (B) any written contract or memorandum of 
                understanding.
    (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 5.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date that is 2 years after the date of enactment of this Act.

SEC. 5. ROLE OF FLRA AUTHORITY.

    (a) In General.--Not later than one year after the date of the 
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 officers in States which the Authority has determined, 
acting pursuant to its authority under section 4(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 Act 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 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; and
            (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) 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. Any 
        petition under this section shall be conducted in accordance 
        with section 7123(c) and (d) of title 5, United States Code, 
        except that any final order of the Authority with respect to 
        questions of fact or law shall be found to be conclusive unless 
        the court determines that the Authority's decision was 
        arbitrary and capricious.
            (2) Unless the Authority has filed a petition for 
        enforcement as provided in paragraph (1), any party has the 
        right to file suit in a State court of competent jurisdiction 
        to enforce compliance with the regulations issued by the 
        Authority pursuant to subsection (b), and to enforce compliance 
        with any order issued by the Authority pursuant to this 
        section. The right provided by this subsection to bring a suit 
        to enforce compliance with any order issued by the Authority 
        pursuant to this section shall terminate upon the filing of a 
        petition seeking the same relief by the Authority.

SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

    A public safety employer, officer, or labor organization may not 
engage in a lockout or strike.

SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

    A certification, recognition, election-held, collective bargaining 
agreement or memorandum of understanding which has been issued, 
approved, or ratified by any public employee relations board or 
commission or by any State or political subdivision or its agents 
(management officials) in effect on the day before the date of 
enactment of this Act shall not be invalidated by the enactment of this 
Act.

SEC. 8. CONSTRUCTION AND COMPLIANCE.

    (a) Construction.--Nothing in this Act shall be construed--
            (1) to invalidate or limit the remedies, rights, and 
        procedures of any law of any State or political subdivision of 
        any State or jurisdiction that provides greater or equal 
        collective bargaining rights for public safety officers;
            (2) to prevent a State from enforcing a State law which 
        prohibits employers and labor organizations from negotiating 
        provisions in a labor agreement that require union membership 
        or payment of union fees as a condition of employment;
            (3) to invalidate any State law in effect on the date of 
        enactment of this Act that substantially provides for the 
        rights and responsibilities described in section 4(b) solely 
        because such State law permits an employee to appear in his or 
        her own behalf with respect to his or her employment relations 
        with the public safety agency involved; or
            (4) to allow parties subject to FLRA regulations 
        promulgated under this Act to negotiate provisions that would 
        prohibit an employee from engaging in part-time employment or 
        volunteer activities during off-duty hours; or
            (5) to prohibit a State from exempting from coverage under 
        this Act a political subdivision of the State that has a 
        population of less than 5,000 or that employs less than 25 full 
        time employees.
For purposes of paragraph (5), the term ``employees'' includes each 
individual employed by the political subdivision except any individual 
elected by popular vote or appointed to serve on a board or commission.
    (b) Compliance.--
            (1) Actions of states.--Nothing in this Act shall be 
        construed to require a State to rescind or preempt laws or 
        ordinances of any of its political subdivisions if such laws 
        provide collective bargaining rights for public safety officers 
        that are comparable to or greater than the rights provided 
        under this Act.
            (2) Actions of the authority.--Nothing in this Act shall be 
        construed to require that the Authority preempt the laws or 
        ordinances of any 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 provided 
        under this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.
                                 <all>