[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 513

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2005

  Mr. Gregg (for himself, Mr. Kennedy, Ms. Mikulski, Mr. Harkin, Mr. 
   Bingaman, Mr. Reed, Mrs. Murray, Mrs. Lincoln, Mr. Kerry, and Mr. 
    Durbin) 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.

    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.

    The 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 Federal Government needs to encourage conciliation, 
        mediation, and voluntary arbitration to aid and encourage 
        employers and 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.
            (3) 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 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. 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the Federal 
        Labor Relations Authority.
            (2) Emergency medical services personnel.--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.
            (3) Employer; public safety agency.--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.
            (4) Firefighter.--The term ``firefighter'' has the meaning 
        given the term ``employee engaged in fire protection 
        activities'' in section 3(y) of the Fair Labor Standards Act 
        (29 U.S.C. 203(y)).
            (5) Labor organization.--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.
            (6) Law enforcement officer.--The term ``law enforcement 
        officer'' has the 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)).
            (7) Management employee.--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) Public safety officer.--The term ``public safety 
        officer''--
                    (A) means an employee of a public safety agency who 
                is a law enforcement officer, a firefighter, or an 
                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.
            (9) Substantially provides.--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.
            (10) Supervisory employee.--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.

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 
        parties.
            (2) 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.--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 State, political subdivision of a 
        State, or 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 the District of 
        Columbia circuit, for judicial review. In any judicial review 
        of a determination by the Authority, the procedures contained 
        in subsections (c) and (d) of section 7123 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 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 
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;
            (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. Any petition under this section shall be 
        conducted in accordance with subsections (c) and (d) of section 
        7123 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) Private right of action.--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, sickout, work slowdown, or strike or engage in any 
other action that is designed to compel an employer, officer, or labor 
organization to agree to the terms of a proposed contract and that will 
measurably disrupt the delivery of emergency services, except that it 
shall not be a violation of this section for an employer, officer, or 
labor organization to refuse to provide services not required by the 
terms and conditions of an existing contract.

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 collective bargaining 
        rights for public safety officers that are equal to or greater 
        than the rights provided under this Act;
            (2) to prevent a State from enforcing a right-to-work law 
        that 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 on his or 
        her own behalf with respect to his or her employment relations 
        with the public safety agency involved;
            (4) to permit parties subject to the National Labor 
        Relations Act (29 U.S.C. 151 et seq.) and the regulations under 
        such 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 ``employee'' includes each and 
every individual employed by the political subdivision except any 
individual elected by popular vote or appointed to serve on a board or 
commission.
    (b) Compliance.--No State shall preempt laws or ordinances of any 
of its political subdivisions if such laws provide collective 
bargaining rights for public safety officers that are equal 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>