119-s636

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 636

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 19, 2025

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 public safety officers 
 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 ``Public Safety Employer-Employee 
Cooperation Act''.

SEC. 2. 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 uses 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 labor 
 organization 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. State and local public safety officers, 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. Public safety 
 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 public safety 
 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. The lack of such labor-management cooperation can 
 detrimentally impact the upgrading of law enforcement, fire, 
 and emergency medical services of local communities, the health 
 and well-being of public safety officers, and the morale of law 
 enforcement, fire, and emergency medical service 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.

    (5) 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 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'', with respect to the application of this Act in a 
 State--
        (A) has the meaning given such term (or a 
 substantially equivalent term) under any applicable 
 State law of such State on the date of enactment of 
 this Act; or
        (B) if no such applicable State law is in effect in 
 such State, means an individual, employed by a public 
 safety employer, who--
            (i) is designated as confidential; and
            (ii) is an individual who routinely 
 assists, in a confidential capacity, any 
 supervisory employee or management employee.

    (3) Emergency medical services employee.--The term 
 ``emergency medical services employee'' means an individual who 
 provides out-of-hospital emergency medical care, including an 
 emergency medical technician, paramedic, or first responder.

    (4) Employ.--The term ``employ'' has the meaning given the 
 term in 

section 3 of the Fair Labor Standards Act of 1938 (29 
 U.S.C. 203).

    (5) Firefighter.--The term ``firefighter'' has the meaning 
 given the term ``employee in fire protection activities'' in 
 

section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
 203).

    (6) Labor organization.--The term ``labor organization'' 
 means an organization of any kind, in which public safety 
 officers participate and which exists for the purpose, in whole 
 or in part, of dealing with a public safety employer concerning 
 grievances, conditions of employment, and related matters.

    (7) Law enforcement officer.--The term ``law enforcement 
 officer'' has the meaning given such term in 

section 1204 of 
 the Omnibus Crime Control and Safe Streets Act of 1968 (34 
 U.S.C. 10284).

    (8) Management employee.--The term ``management employee'', 
 with respect to the application of this Act in a State--
        (A) has the meaning given such term (or a 
 substantially equivalent term) under any applicable 
 State law of such State on the date of enactment of 
 this Act; or
        (B) if no such applicable State law is in effect in 
 such State, 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 public safety employer.

    (9) Person.--The term ``person'' means an individual or a 
 labor organization.

    (10) Public safety employer.--
        (A) In general.--The term ``public safety 
 employer'' means any State, or political subdivision of 
 a State, that employs a public safety officer.
        (B) Applicability.--For purposes of this Act, a 
 public safety employer shall be considered to be 
 engaged in commerce or in an industry or activity 
 affecting commerce.

    (11) Public safety officer.--The term ``public safety 
 officer''--
        (A) means an individual employed by a public safety 
 employer who is a law enforcement officer, a 
 firefighter, or an emergency medical services employee;
        (B) includes an individual who is temporarily 
 transferred to a supervisory or management position; 
 and
            (C) except as provided in subparagraph
        (B) , does 
 not include--
            (i) a supervisory employee;
            (ii) a management employee; or
            (iii) a confidential employee.

    (12) 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.

    (13) 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.

    (14) Supervisory employee.--The term ``supervisory 
 employee'', with respect to the application of this Act in a 
 State--
        (A) has the meaning given such term (or a 
 substantially equivalent term) under any applicable 
 State law of such State on the date of enactment of 
 this Act; or
        (B) if no such applicable State law is in effect in 
 such State, an individual, employed by a public safety 
 employer, who--
            (i) has the authority in the interest of 
 the public safety employer, if the exercise of 
 such authority is not merely routine or 
 clerical in nature but requires the consistent 
 exercise of independent judgment, to--
            (I) hire, direct, assign, promote, 
 reward, transfer, furlough, lay off, 
 recall, suspend, discipline, or remove 
 public safety officers;
            (II) adjust the grievances of 
 public safety officers; or
            (III) effectively recommend any 
 action described in subclause
            (I) or
            (II) ; and
            (ii) devotes a majority of time at work to 
 exercising such authority.

    (15) Unfair labor practice.--The term ``unfair labor 
 practice'' means a practice described in 

section 7116 of title 
 5, United States Code, except that, in applying such section--
        (A) ``public safety officer'' shall be substituted 
 for ``employee'';
        (B) ``public safety employer'' shall be substituted 
 for ``agency''; and
            (C) ``this Act'' shall be substituted for ``this 
 chapter''.

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 (except as provided in paragraph

    (4)
        (B) ), 
 the Authority shall make a determination for each State as to 
 whether a State substantially provides for each of 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 public safety employers and 
 labor organizations. In the case where the Authority is 
 notified by an affected public safety employer and labor 
 organization that both parties agree that the law applicable to 
 such public safety 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 paragraph

    (1) .

    (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) .

    (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.--A 
 public safety employer or a labor organization may 
 submit to the Authority a written request for a 
 subsequent determination with respect to whether a 
 material change of State law (or an interpretation of 
 such law) has occurred.
            (C) Issuance of subsequent determination.--If 
 satisfied that a material change in State law or its 
 interpretation has occurred, the Authority shall issue 
 a subsequent determination under paragraph

    (1) not 
 later than 30 days after receipt of such request.

    (5) Exception.--The Authority shall not make a 
 determination under paragraph

    (1) that the laws of a State do 
 not substantially provide for each of the rights and 
 responsibilities described in subsection

    (b) on the basis that 
 relevant State laws--
        (A) permit an employee to appear on the employee's 
 own behalf with respect to the employee's employment 
 relations with the public safety employer involved;
        (B) do not apply to a political subdivision of the 
 State if such political subdivision--
            (i) has a population of fewer than 5,000 
 individuals; or
            (ii) employs fewer than 25 full-time 
 employees (excluding any individual elected by 
 popular vote or appointed to serve on a board 
 or commission); or
            (C) do not require bargaining with respect to 
 pension, retirement, or health benefits.

    (6) Judicial review.--Any person or public safety employer 
 aggrieved by a determination of the Authority under paragraph

    (1) 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 public 
 safety employer resides or transacts business or in the Court 
 of Appeals for the District of Columbia Circuit, for judicial 
 review.

    (b) Rights and Responsibilities.--The rights and responsibilities 
described under this subsection are the following:

    (1) A right of public safety officers to form and join a 
 labor organization--
        (A) which may exclude any management employee, 
 supervisory employee, or confidential employee, and
        (B) that is, or seeks to be, recognized as the 
 exclusive bargaining representative of such public 
 safety officers.

    (2) A requirement that any public safety employer--
        (A) recognize the labor organization of its public 
 safety officers (freely chosen by a majority of the 
 public safety officers);
        (B) agree to bargain with such labor organization; 
 and
            (C) commit any agreements with such labor 
 organization to writing in a contract or memorandum of 
 understanding.

    (3) A right of public safety officers to bargain with 
 respect to hours, wages, and terms and conditions of 
 employment.

    (4) A right to binding interest arbitration as a mechanism 
 to resolve an impasse in collective bargaining negotiations.

    (5) A right to enforcement of all rights, responsibilities, 
 and protections enumerated in this subsection, and of any 
 written contract or memorandum of understanding between a labor 
 organization and a public safety 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 
under subsection

    (a)

    (1) that a State substantially provides each of the 
rights and responsibilities described in subsection

    (b) , then 
subsection
            (d) shall not apply and this Act shall not preempt the laws 
of such State.
            (d) Failure To Meet Requirements.--

    (1) In general.--If the Authority determines under 
 subsection

    (a)

    (1) 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;
        (B) 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 a 
 determination under subsection

    (a)

    (1) ; or
            (C) 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 made the determination.

    (2) Partial failure.--If the Authority determines under 
 subsection

    (a)

    (1) that a State does not substantially provide 
 for the rights and responsibilities described in subsection

    (b) because the State law substantially provides for such rights 
 and responsibilities for certain categories of public safety 
 officers covered by this Act but not others, the Authority 
 shall identify those categories of public safety officers 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 public safety officers 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 public safety employers and public 
safety officers that substantially provide for the minimum standards 
described in 

section 4

    (b) for States described in 

section 4
            (d) .

    (b) Role of the Federal Labor Relations Authority.--In carrying out 
subsection

    (a) , 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 chosen as an exclusive 
 representative by a voting majority of the public safety 
 officers 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.--Unless the Authority has 
 filed a petition for enforcement as provided in paragraph

    (1) and except as provided in 

section 8

    (b)

    (4) with respect to 
 States, any party may 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.

SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

    (a) In General.--Subject to subsection

    (b) , a public safety 
employer, public safety officer, 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 a public safety employer, public 
safety officer, 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 public safety officers.

SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

 The enactment of this Act shall not invalidate any certification, 
recognition, result of an election, 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.

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) ; or

    (2) to prevent a State from enforcing any law that 
 prohibits public safety 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.

    (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 public safety officers 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 public safety officers 
 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 public safety 
 officers covered by this Act solely because such rights 
 and responsibilities have not been extended to other 
 categories of public safety officers 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 
 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.

    (3) Limited enforcement power.--In the case of a law 
 described in paragraph

    (2)
        (B) , the Authority shall only 
 exercise the powers provided in 

section 5 with respect to those 
 categories of public safety officers who have not been afforded 
 the rights and responsibilities described in 

section 4

    (b) .

    (4) Exclusive enforcement provision.--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 employees of a State.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

 There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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