[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 980 Placed on Calendar Senate (PCS)]
Calendar No. 275
110th CONGRESS
1st Session
H. R. 980
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18 (legislative day, July 17), 2007
Received
July 20 (legislative day, July 19), 2007
Read the first time
July 20, 2007
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
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 2007''.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE.
Congress finds the following:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. In many
public safety agencies it is the union 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. As the first to arrive on scene, State and local
public safety officers must be prepared to protect life and
property and to preserve scarce and vital Federal resources,
avoid substantial and debilitating interference with interstate
and foreign commerce, and to protect the national security of
the United States. Public safety employer-employee cooperation
is essential in meeting these needs and is, therefore, in the
National interest.
(3) The health and safety of the Nation and the best
interests of public safety employers and employees may be
furthered by the settlement of issues through the processes of
collective bargaining.
(4) The Federal Government is in the position 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.
(5) The potential absence of adequate cooperation between
public safety employers and employees has implications for the
security of employees, 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, and can affect interstate and intrastate commerce.
(6) 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 laws should be respected.
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 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, or a substantially equivalent term, under applicable
State law on the date of enactment of this Act. In the absence
of such State law on the date of enactment of this Act, 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 preponderance of employment time
exercising such authority.
(7) The term ``management employee'' has the meaning given
such term, or a substantially equivalent 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 the purpose of which is to represent such
employees before public safety agencies concerning grievances,
conditions of employment and related matters.
(10) The term ``substantially provides'' means substantial
compliance with the rights and responsibilities described in
section 4(b).
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 the opinion of
affected employers and labor organizations. Where the Authority
is notified by an employer and an affected labor organization
that both parties agree that the law applicable to such
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 its determination under this
subsection.
(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) An employer or a labor organization may submit a
written request for a subsequent determination, on the basis of
a material change in State law or its interpretation. If the
Authority determines that a material change in State law or its
interpretation has occurred, the Authority 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) of title
5, United States Code, shall be followed.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider a State's law
to provide adequate rights and responsibilities unless such law fails
to substantially provide rights and responsibilities comparable to or
greater than each of 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) Providing for bargaining over hours, wages, and terms
and conditions of employment.
(4) Making available 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
subsection; 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 apply in each
State on the later of--
(A) 2 years after the date of enactment of this
Act; or
(B) the date of the end of the first regular
session of the legislature of that State that begins
after the date of the enactment of this Act.
SEC. 5. ROLE OF THE AUTHORITY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Authority shall issue regulations
establishing procedures which provide the rights and responsibilities
described in section 4(b) 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 and conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a voting 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;
(7) if the Authority finds that any State is not in
compliance with the regulations prescribed under subsection
(a), direct compliance by such State by order; and
(8) 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) Petition by authority.--If a State fails to comply with
a final order issued by the Authority, the Authority shall
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 shall be found to
be conclusive unless the court determines that the Authority's
decision was arbitrary and capricious.
(2) Right of action.--Unless the Authority has filed a
petition for enforcement as provided in paragraph (1), any
interested party shall have the right to file suit against any
political subdivision of a State, or, if the State has waived
its sovereign immunity, against the State itself, in any
district court of the United States of competent jurisdiction
to enforce compliance with the regulations issued by the
Authority pursuant to subsection (b), to enforce compliance
with any order issued by the Authority pursuant to this
section, or to enforce section 6 of this Act. The right
provided by this paragraph 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 under paragraph (1).
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
Notwithstanding any rights or responsibilities provided under State
law or under regulations issued by the Authority under section 5--
(1) a public safety employer may not engage in a lockout of
public safety officers;
(2) public safety officers may not engage in a strike
against such public safety employer; and
(3) a labor organization may not call for a strike by
public safety officers against their public safety employer.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
This Act and the regulations issued under this Act shall not be
construed to invalidate a certification, recognition, 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, or the results of any election held before the
date of enactment of this Act.
SEC. 8. CONSTRUCTION, COMPLIANCE, AND ENFORCEMENT.
(a) Construction.--Nothing in this Act or the regulations issued
under 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 or jurisdiction that substantially provides greater
or comparable rights and responsibilities described in section
4(b);
(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 preempt 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--
(A) 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;
(B) such State law excludes from its coverage
employees of a state militia or national guard;
(C) such rights and responsibilities have not been
extended to other categories of employees covered by
this Act, in which case the Authority shall only
exercise the powers provided in section 5 of this Act
with respect to those categories of employees who have
not been afforded the rights and responsibilities
described in section 4(b); or
(D) 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;
(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;
(5) to require a State to rescind or preempt laws or
ordinances of any of its political subdivisions if such laws
substantially provide rights and responsibilities for public
safety officers that are comparable to or greater than the
rights and responsibilities enumerated in section 4(b) of this
Act; or
(6) preempt any State law that substantially provides for
the rights and responsibilities described in section 4(b)
solely because such law does not require bargaining with
respect to pension and retirement benefits.
(b) Partial Exemption.--A State may exempt from its State law, or
from the requirements established under this Act, a political
subdivision of the State that has a population of less than 5,000 or
that employs fewer than 25 full time employees. For purposes of this
subsection, 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.
(c) Enforcement.--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 public safety officers employed by a State.
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.
Passed the House of Representatives July 17, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 275
110th CONGRESS
1st Session
H. R. 980
_______________________________________________________________________
AN ACT
To provide collective bargaining rights for public safety officers
employed by States or their political subdivisions.
_______________________________________________________________________
July 20, 2007
Read the second time and placed on the calendar