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108th CONGRESS
1st Session
H. R. 814
To provide collective bargaining rights for public safety officers
employed by States or their political subdivisions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2003
Mr. Kildee (for himself, Mr. Ney, Mr. Andrews, Mr. Ferguson, Mr.
Israel, Mr. Kind, Mr. King of New York, Mrs. McCarthy of New York, Mr.
George Miller of California, Mr. Oberstar, Mr. Payne, Mr. Platts, Mr.
Quinn, Mr. Shimkus, and Ms. Woolsey) 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 2003''.
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;
(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;
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