[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2178 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2178

To provide collective bargaining rights for fire fighters and emergency 
   medical services personnel employed by States or their political 
                 subdivisions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2021

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 fire fighters and emergency 
   medical services personnel 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 ``Fire Fighters and EMS Employer-
Employee Cooperation Act''.

SEC. 2. PURPOSE AND POLICY.

    It is the sense of Congress 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 fire and EMS mission in a quality work 
        environment. In many fire and EMS agencies, it is the labor 
        organization that provides the institutional stability as 
        elected leaders and appointees come and go.
            (2) State and local fire and EMS personnel 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 fire and EMS personnel, 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. Fire and EMS 
        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 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 fire and 
        EMS 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 fire and emergency medical services of 
        local communities, the health and well-being of fire and EMS 
        personnel, and the morale of fire and EMS departments. 
        Additionally, these factors could have significant commercial 
        repercussions. Moreover, providing minimal standards for 
        collective bargaining negotiations in the fire and EMS sector 
        can prevent industrial strife between labor and management that 
        interferes with the normal flow of commerce.
            (5) Many States and localities already provide fire and EMS 
        personnel 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'' has the meaning given such term under applicable 
        State law on the date of enactment of this Act. If no such 
        State law is in effect, the term means an individual, employed 
        by a fire and EMS employer, who--
                    (A) is designated as confidential; and
                    (B) is an individual who routinely assists, in a 
                confidential capacity, supervisory employees and 
                management employees.
            (3) 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.
            (4) Employer; fire and ems agency; fire and ems employer.--
        The terms ``employer'', ``fire and EMS agency'', and ``fire and 
        EMS employer'' mean any State, or political subdivision of a 
        State, that employs fire and EMS personnel.
            (5) Fire and ems personnel.--The term ``fire and EMS 
        personnel''--
                    (A) means an employee of a fire and EMS agency who 
                is--
                            (i) a firefighter;
                            (ii) an emergency medical services 
                        personnel; or
                            (iii) an individual trained as a 
                        firefighter who provides out-of-hospital 
                        emergency medical care;
                    (B) includes an individual who is temporarily 
                transferred to a supervisory or management position; 
                and
                    (C) does not include a permanent supervisory, 
                management, or confidential employee.
            (6) Firefighter.--The term ``firefighter'' has the meaning 
        given the term ``employee in fire protection activities'' in 
        section 3(y) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203(y)).
            (7) Labor organization.--The term ``labor organization'' 
        means an organization of any kind, in which employees 
        participate and which exists for the purpose, in whole or in 
        part, of dealing with employers concerning grievances, 
        conditions of employment, and related matters.
            (8) 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 
        fire and EMS employer in a position that requires or authorizes 
        the individual to formulate, determine, or influence the 
        policies of the employer.
            (9) Person.--The term ``person'' means an individual or a 
        labor organization.
            (10) 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.
            (11) 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.
            (12) 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 fire and EMS 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 fire and EMS personnel, 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 to 
                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).
            (2) Consideration of additional opinions.--In making the 
        determination described in paragraph (1), the Authority shall 
        consider the opinions of affected employers and labor 
        organizations. In the case where the Authority is notified by 
        an affected employer and 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 the Authority's determination under this 
        subsection.
            (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) and 
        shall not require any additional criteria.
            (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.--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 Authority shall issue a subsequent determination 
                not later than 30 days after receipt of such request.
            (5) Judicial review.--Any person or employer 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 or employer resides 
        or transacts business or in the District of Columbia Circuit 
        for judicial review.
    (b) Rights and Responsibilities.--In making a determination 
described in subsection (a), the Authority shall consider a State's law 
to substantially provide the required rights and responsibilities 
unless such law fails to provide rights and responsibilities comparable 
to or greater than the following:
            (1) Granting fire and EMS personnel the right to form and 
        join a labor organization, which may exclude management 
        employees, supervisory employees, and confidential employees, 
        that is, or seeks to be, recognized as the exclusive bargaining 
        representative of such employees.
            (2) Requiring fire and EMS 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 the right to bargain 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 of all rights, responsibilities, 
        and protections enumerated in this section, and of any written 
        contract or memorandum of understanding between a labor 
        organization and a fire and EMS 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, 
acting pursuant to its authority under subsection (a), that a State 
substantially provides rights and responsibilities described in 
subsection (b), then this Act shall not preempt State law.
    (d) 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), 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; or
                    (B)(i) in the case of a State receiving an initial 
                determination under subsection (a)(1), 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 the determination under such 
                subsection; or
                    (ii) 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 makes the determination under such 
                subsection.
            (2) Partial failure.--If the Authority makes a 
        determination that a State does not substantially provide for 
        the rights and responsibilities described in subsection (b) 
        solely because the State law substantially provides for such 
        rights and responsibilities for certain categories of fire and 
        EMS personnel covered by this Act but not others, the Authority 
        shall identify those categories of fire and EMS personnel 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 fire and EMS personnel 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 employers and fire and EMS 
personnel in States that the Authority has determined 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 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; 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.--
                    (A) In general.--Except as provided in subparagraph 
                (B) and unless the Authority has filed a petition for 
                enforcement as provided in paragraph (1), any party has 
                the right to 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. The 
                right provided by this subparagraph 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.
                    (B) Exclusive enforcement.--In the case a State has 
                not waived its sovereign immunity, the Authority shall 
                have the exclusive power to enforce the provisions of 
                this Act against such State as an employer.

SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

    (a) In General.--Subject to subsection (b), an employer, fire and 
EMS personnel, 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 an employer, fire and EMS personnel, 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 fire and EMS personnel.

SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

    A certification, recognition, election-held, 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 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 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);
            (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 labor 
        organization membership or payment of labor organization fees 
        as a condition of employment;
            (3) to preempt or limit any State law in effect on the date 
        of enactment of this Act that provides for the rights and 
        responsibilities described in section 4(b) solely because such 
        State law permits an employee to appear on the employee's own 
        behalf with respect to the employee's employment relations with 
        the fire and EMS agency involved;
            (4) 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, including each individual employed by the 
        political subdivision, except not including any individual 
        elected by popular vote or appointed to serve on a board or 
        commission; or
            (5) to preempt or limit 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 law or ordinance does not require bargaining with respect 
        to pension or retirement.
    (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 fire and EMS personnel 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 fire and EMS personnel 
                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 fire and EMS 
                personnel covered by this Act solely because such 
                rights and responsibilities have not been extended to 
                other categories of fire and EMS personnel 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 fire 
                and EMS 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 or 
        ordinance described in paragraph (2)(B), the Authority shall 
        only exercise the powers provided in section 5 with respect to 
        those categories of fire and EMS personnel who have not been 
        afforded the rights and responsibilities described in section 
        4(b).

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.
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