,,ii #aaeth ,,congress #b;d ,session ,s4 #caea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjah ,ms4 ,hirono 7for herself1 ,mr4 ,schumer1 ,mrs4 ,murray1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,ms4 ,warren1 ,mr4 ,reed1 ,ms4 ,klobuchar1 ,mr4 ,peters1 ,ms4 ,baldwin1 ,mr4 ,whitehouse1 ,mr4 ,blumenthal1 ,mr4 ,merkley1 ,mr4 ,van ,hollen1 ,mrs4 ,feinstein1 ,mr4 ,sanders1 ,mr4 ,brown1 ,mr4 ,markey1 ,ms4 ,smith1 ,mr4 ,schatz1 ,mr4 ,menendez1 ,ms4 ,stabenow1 ,mr4 ,booker1 ,mr4 ,wyden1 ,ms4 ,harris1 ,mr4 ,carper1 ,mr4 ,casey1 ,mr4 ,coons1 ,mr4 ,cardin1 ,ms4 ,cortez ,masto1 ,ms4 ,cantwell1 ,ms4 ,hassan1 and ,mrs4 ,shaheen7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to secure the rights of public employees to organize1 act concertedly1 and bargain collectively1 which safeguard the public interest and promote the free and unobstructed flow of commerce1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,service ,freedom to ,negotiate ,act of #bjah4 #b4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,the denial by some public employers of the right of public employees to organize and the refusal by some public employers to accept the procedure of collective bargaining lead to strikes and other forms of strife or unrest4 ,such actions have the intent or the necessary effect of burdening or obstructing commerce by-- 7,a7 impairing the efficiency1 safety1 or operation of the instrumentalities of commerce1 which depend on stable government services and public infrastructure2 7,b7 materially affecting1 restraining1 or controlling the flow of goods into the channels of commerce1 or the prices of such goods in commerce2 or 7,c7 causing diminution of employment and wages in such volume so as to substantially impair or disrupt the market for goods flowing from or into the channels of commerce4 7#b7 ,the inequality of bargaining power between public employees1 who do not possess full freedom of association or actual liberty of contract1 and public employers substantially burdens and affects the flow of commerce1 and tends to aggravate recurrent business depressions1 by depressing wage rates and the purchasing power of wage earners and by negatively affecting the stabilization of competitive wage rates and decent working conditions4 7#c7 ,experience in public employment indicates that the statutory protection of the rights of public employees to organize1 act concertedly1 and bargain collectively safeguards the public interest and promotes the free and unobstructed flow of commerce among the ,states by removing certain recognized sources of strife and unrest4 ,such protection facilitates and encourages the amicable settlement of disputes between public employees and their public employers involving wages1 hours1 and other terms and conditions of employment4 7#d7 ,to be most effective and stable1 labor-management relationships in the public sector must be based on trust1 mutual respect1 open communication1 bilateral consensual problem solving1 and shared accountability4 ,in many public agencies1 it is the union that provides the institutional stability as elected leaders and appointees come and go4 7#e7 ,state and local public employees play an essential role in the efforts of the ,united ,states to detect1 prevent1 and respond to terrorist attacks1 and to respond to natural disasters1 hazardous materials1 and other mass casualty incidents4 ,state and local public employees1 as first responders1 are a component of our ,nation's ,national ,incident ,management ,system1 developed by the ,department of ,homeland ,security to coordinate response to and recovery from terrorism1 major natural disasters1 and other major emergencies4 ,effective and stable public employer-employee relationships are essential in meeting these needs and are1 therefore1 in both the ,national interest as well as in furtherance of the ,united ,states obligation to safeguard the country under section #d of article ,,iv of the ,constitution of the ,united ,states4 7#f7 ,teachers and other education professionals 7including paraprofessionals1 custodians1 administrative staff1 cafeteria workers1 specialized instructional support personnel1 and others7 work to provide quality education to every student4 ,students deserve the opportunity to reach their full potential in a well-resourced public school4 7#g7 ,conflict between public employers and public employees has implications for the security of public employees and the public and affects interstate and intrastate commerce4 ,ineffective and unstable labor-management relations can detrimentally impact the upgrading of public services of local communities1 the health and well-being of public employees1 and the morale within public agencies4 ,additionally1 these factors have significant commercial repercussions4 ,moreover1 providing minimal standards for collective bargaining rights in the public sector can prevent industrial strife between labor and management that interferes with the normal flow of commerce4 ,it is settled law that ,congress has authority under the ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states to safeguard protections for employees of ,state and local governments4 7#h7 ,many ,states and localities already have laws that provide public employees with collective bargaining rights comparable to or greater than the rights and responsibilities set forth in this ,act1 and such ,state and local laws should be respected4 7#i7 ,while the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 protects the rights of private-sector employees to form or join unions1 act concertedly for the purpose of collective bargaining or other mutual aid or protection1 and bargain collectively with their employers1 no ,federal law protects these fundamental labor rights for employees of the ,states1 including territories and possessions of the ,united ,states1 and the political subdivisions thereof4 ,the ,federal ,government needs to encourage conciliation1 mediation1 and dispute resolution to aid and encourage public employers and the representatives of their public employees to reach and maintain agreements concerning rates of pay1 hours1 and working conditions1 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 disputes4 7b7 ,purpose ,it is the purpose of this ,act to-- 7#a7 secure the rights of public employees to form or join unions1 act concertedly for the purpose of collective bargaining or other mutual aid or protection1 and bargain collectively with their employers2 and 7#b7 reaffirm the policy of the ,united ,states to encourage the practice and procedure of collective bargaining1 which safeguards the public interest and promotes the free and unobstructed flow of commerce4 #c4 ,definitions ,in this ,act3 7#a7 ,authority ,the term ,authority means the ,federal ,labor ,relations ,authority4 7#b7 ,collective bargaining ,the term collective bargaining1 with respect to public employees and public employers1 means the performance of the mutual obligation of the representative of a public employer and the exclusive representative of public employees in an appropriate unit of the employer to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to wages1 hours1 and other terms and conditions of employment affecting such employees and to execute1 if requested by either party1 a written document incorporating any collective bargaining agreement reached1 but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession4 7#c7 ,confidential employee 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term confidential employee means a public employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations4 7,b7 ,state law ,if the term confidential employee1 or a substantially equivalent term1 has a substantially equivalent meaning under applicable ,state law to the meaning under subparagraph 7,a7 on the date of the enactment of this ,act1 such term1 or substantially equivalent term1 and meaning under such applicable ,state law shall apply with respect to the term confidential employee under this ,act for public employees and public employers in such ,state4 7#d7 ,emergency services employee ,the term emergency services employee means-- 7,a7 a public employee providing out-of-hospital emergency medical care1 including an emergency medical technician1 paramedic1 or first responder2 or 7,b7 a public employee providing other services in response to emergencies that have the potential to cause death or serious bodily injury1 including an employee in fire protection activities 7as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc774 7#e7 ,employ ,the term employ includes to suffer or permit to work4 7#f7 ,labor organization ,the term labor organization1 with respect to public employers and public employees1 means any organization of any kind in which public employees participate and which exists for the purpose1 in whole or in part1 of dealing with public employers concerning grievances1 labor disputes1 wages1 rates of pay1 hours of employment1 or conditions of work4 7#g7 ,law enforcement officer ,the term law enforcement officer has the meaning given such term in section #abjd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd74 7#h7 ,management employee 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term management employee means an individual employed by a public employer in a position the duties and responsibilities of which require or authorize the individual to formulate1 determine1 or influence the policies of the employer4 7,b7 ,state law ,if the term management employee1 or a substantially equivalent term1 has a substantially equivalent meaning under applicable ,state law to the meaning under subparagraph 7,a7 on the date of the enactment of this ,act1 such term1 or substantially equivalent term1 and meaning under such applicable ,state law shall apply with respect to the term management employee under this ,act for public employees and public employers in such ,state4 7#i7 ,person ,the term person means an individual or a labor organization4 7#aj7 ,public employee ,the term public employee-- 7,a7 means an individual1 employed by a public employer1 who in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce 7as the terms commerce1 goods1 and enterprise engaged in commerce or in the production of goods for commerce are defined in section #c of the ,fair ,labor ,standards ,act of #aich72 7,b7 includes an individual who is temporarily transferred to a supervisory or management position2 and 7,c7 does not include a permanent supervisory employee1 permanent management employee1 or permanent confidential employee1 or an elected official4 7#aa7 ,public employer ,the term employer means any of the following that employs public employees3 7,a7 ,a ,state or the political subdivision of a ,state1 including a territory or political subdivision of a territory4 7,b7 ,any authority1 agency1 school district1 board or other entity controlled and operated by an entity described in subparagraph 7,a74 7#ab7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#ac7 ,substantially provides ,the term substantially provide or substantially provides1 with respect to the rights and responsibilities described in section #d7;b71 means providing rights and responsibilities that are comparable to or greater than each of the rights and responsibilities described in such section4 7#ad7 ,supervisory employee 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term supervisory employee means an individual1 employed by a public employer1 who-- 7i7 has the authority in the interest of the employer1 if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment1 to-- 7,i7 hire1 promote1 reward1 transfer1 furlough1 lay off1 recall1 suspend1 discipline1 or remove public employees2 7,,ii7 adjust the grievances of public employees2 or 7,,iii7 effectively recommend any action described in subclause 7,i7 or 7,,ii72 and 7ii7 devotes a majority of time at work to exercising the authority under clause 7i74 7,b7 ,state law ,if the term supervisory employee1 or a substantially equivalent term1 has a substantially equivalent meaning under applicable ,state law to the meaning under subparagraph 7,a7 on the date of the enactment of this ,act1 such term1 or substantially equivalent term1 and meaning under such applicable ,state law shall apply with respect to the term supervisory employee under this ,act for public employees and public employers in such ,state4 #d4 ,determination of rights and responsibilities 7a7 ,determination 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,authority shall make a determination as to whether a ,state substantially provides for the rights and responsibilities described in subsection 7b74 7#b7 ,consideration of additional opinions ,in making the determination described in paragraph 7#a71 the ,authority shall consider the opinions of affected public employees1 labor organizations1 and public employers4 ,in the case where the ,authority is notified by an affected public 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 7b71 the ,authority shall give such agreement weight to the maximum extent practicable in making the ,authority's determination described in paragraph 7#a74 7#c7 ,limited criteria ,in making the determination described in paragraph 7#a71 the ,authority shall be limited to the application of the criteria described in subsection 7b7 and shall not use any additional criteria4 7#d7 ,subsequent determinations 7,a7 ,in general ,a determination made pursuant to paragraph 7#a7 shall remain in effect unless and until the ,authority issues a subsequent determination1 in accordance with the procedures set forth in subparagraph 7,b74 7,b7 ,procedures for subsequent determinations ,upon establishing that a material change in ,state law or its interpretation has occurred1 a public employee1 public employer1 or a labor organization may submit a written request for a subsequent determination4 ,if satisfied that a material change in ,state law or its interpretation has occurred1 the ,authority shall issue a subsequent determination not later than #cj days after receipt of such request4 7#e7 ,judicial review ,any person or public employer aggrieved by a determination of the ,authority under this section may1 during the #fj-;day period beginning on the date on which the determination was made1 petition any ,united ,states ,court of ,appeals in the circuit in which the person or public employer resides or transacts business or in the ,court of ,appeals for the ,district of ,columbia ,circuit1 for judicial review4 ,in any judicial review of a determination made by the ,authority described in paragraph 7#a71 the procedures contained in subsections 7c7 and 7d7 of section #gabc of title #e1 ,united ,states ,code1 shall be followed4 7b7 ,rights and responsibilities ,the rights and responsibilities described in this subsection are each of the following3 7#a7 ,granting public employees the right to self-organization1 to form1 join1 or assist a labor organization1 to bargain collectively through representatives of their own choosing1 and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection4 7#b7 ,requiring public employers to-- 7,a7 recognize the labor organization of its public employees 7freely chosen in an election by a majority of such employees voting in the appropriate unit71 without requiring an election to recertify a labor organization that is already recognized as the representative of such employees unless not less than #cj percent of such employees in the appropriate unit freely sign a petition to decertify such labor organization2 7,b7 collectively bargain with such recognized labor organization2 and 7,c7 commit any agreements with such recognized labor organization to writing in a contract or memorandum of understanding4 7#c7 ,making available an interest impasse resolution mechanism1 such as fact-finding1 mediation1 arbitration1 or comparable procedures and providing for the payroll deduction of labor organization fees to any duly-selected representative of public employees pursuant to the terms of an authorization executed by such public employees4 7#d7 ,requiring enforcement of all rights1 responsibilities1 and protections provided by ,state law and enumerated in this section1 and of any written contract or memorandum of understanding between a labor organization and a public employer1 through-- 7,a7 a ,state administrative agency1 if the ,state so chooses2 7,b7 at the election of an aggrieved party1 the ,state courts2 or 7,c7 in the case of an alleged violation1 misinterpretation1 or misapplication of the contract or memorandum of understanding1 a grievance resolution procedure negotiated in such contract or memorandum4 7c7 ,compliance with requirements ,if the ,authority determines1 acting pursuant to its authority under subsection 7a71 that a ,state substantially provides for the rights and responsibilities described in subsection 7b71 then subsection 7d7 shall not apply4 7d7 ,failure ,to meet requirements 7#a7 ,in general ,if the ,authority determines1 acting pursuant to its authority under subsection 7a71 that a ,state does not substantially provide for the rights and responsibilities described in subsection 7b71 then such ,state shall be subject to the regulations and procedures described in section #e beginning on the later of-- 7,a7 the date that is #b years after the date of enactment of this ,act2 7,b7 the date that is the last day of the first regular session of the legislature of the ,state that begins after the date of the enactment of this ,act2 or 7,c7 in the case of a ,state receiving a subsequent determination under subsection 7a77#d71 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 determination4 7#b7 ,partial failure ,if the ,authority makes a determination that a ,state does not substantially provide for the rights and responsibilities described in subsection 7b7 solely because the ,state law substantially provides for such rights and responsibilities for certain categories of public employees but not others1 the ,authority shall identify-- 7,a7 those categories of public employees that shall be subject to the regulations and procedures described in section #e1 pursuant to section #h7;b77#c71 beginning on the applicable date under paragraph 7#a72 and 7,b7 those categories of public employees that shall not be subject to the regulations and procedures described in section #e4 #e4 ,minimum standards administered by the ,federal ,labor ,relations ,authority 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,authority shall issue regulations in accordance with the rights and responsibilities described in section #d7;b7 establishing collective bargaining procedures for public employers1 labor organizations1 and public employees in ,states which the ,authority has determined1 acting pursuant to section #d7;a71 do not substantially provide for such rights and responsibilities4 7b7 ,role of the ,federal ,labor ,relations ,authority ,the ,authority1 to the extent provided in this ,act and in accordance with regulations prescribed by the ,authority1 shall-- 7#a7 protect the right of public employees to form1 join1 or assist any labor organization1 or to refrain from any such activity1 freely and without fear of penalty or reprisal1 protect the right of public employees to bargain collectively through representatives of their own choosing1 and protect the right of public employees to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection2 7#b7 supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the public employees voting in such election in an appropriate unit1 and provide for the payroll deduction of labor organization fees to any such duly-elected exclusive representative pursuant to the terms of an authorization executed by a public employee2 7#c7 determine the appropriateness of units for labor organization representation2 7#d7 require public employers to-- 7,a7 recognize the labor organization of its public employees 7freely chosen by a majority of such employees voting in the appropriate unit7 as the exclusive representative of such employees2 7,b7 bargain in good faith with such labor organization concerning public employees' wages1 hours1 and other terms and conditions of employment1 which shall include a procedure for the settlement of grievances culminating in binding arbitration in any agreement and a procedure for resolving any impasses in collective bargaining2 and 7,c7 commit any agreements to writing in a contract or memorandum of understanding2 7#e7 prohibit practices which interfere with1 coerce1 or intimidate public employees in the exercise of rights guaranteed in paragraph 7#a7 or regulations issued thereunder2 7#f7 conduct hearings and resolve complaints concerning violations of any regulation or order issued by the ,authority pursuant to this ,act2 7#g7 resolve exceptions to the awards of arbitrators2 and 7#h7 take such other actions as are necessary and appropriate to effectively administer this ,act1 including issuing subpoenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the ,united ,states1 administering oaths1 taking or ordering the taking of depositions1 ordering responses to written interrogatories1 and receiving and examining witnesses4 7c7 ,enforcement ,the ,authority may issue an order directing compliance by any person or public employer found to be in violation of this section1 and may petition any ,united ,states ,court of ,appeals with jurisdiction over the parties1 or the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 to enforce any such final orders issued pursuant to this section or pursuant to regulations issued under this section1 and for appropriate temporary relief or a restraining order4 ,any petition under this section shall be conducted in accordance with subsections 7c7 and 7d7 of section #gabc of title #e1 ,united ,states ,code4 #f4 ,lockouts and employee strikes prohibited when emergency or public safety services imperiled 7a7 ,in general ,subject to subsection 7b71 any employer1 emergency services employee1 or law enforcement officer to which section #e applies may not engage in a lockout1 strike1 or any other organized job action of which a reasonably probable result is a measurable disruption of the delivery of emergency or public safety services4 ,no labor organization may cause or attempt to cause a violation of this subsection4 7b7 ,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 emergency services employees or law enforcement officers4 #g4 ,existing collective bargaining units and agreements ,the enactment of this ,act shall not invalidate any certification1 recognition1 result of an election1 collective bargaining agreement1 or memorandum of understanding that-- 7#a7 has been issued1 approved1 or ratified by any public employee relations board or commission1 or by any ,state or political subdivision or an agent or management official of such ,state or political subdivision2 and 7#b7 is in effect on the day before the date of enactment of this ,act4 #h4 ,exceptions2 rules of construction 7a7 ,in general ,section #d7;d71 and the regulations and procedures under section #e1 shall not apply-- 7#a7 solely because a ,state law permits a public employee to appear on the employee's own behalf with respect to the employee's employment relations with the public employer involved2 7#b7 solely because a ,state law excludes from its coverage public employees of a ,state militia or national guard2 7#c7 to a political subdivision of a ,state if-- 7,a7 such political subdivision has a population of fewer than #e1jjj people or employs fewer than #be public employees2 and 7,b7 the ,state in which such political subdivision is located notifies the ,authority of the ,state's request that such political subdivision be exempt from such sections2 or 7#d7 solely because the laws or ordinances of a ,state or political subdivision of a ,state permit or require a public employer to recognize a labor organization on the basis of signed authorizations executed by public employees designating the labor organization as their representative4 7b7 ,compliance 7#a7 ,actions of ,states ,nothing in this ,act or the regulations promulgated under this ,act shall be construed to require a ,state to rescind1 or preempt1 the laws or ordinances of any political subdivision of the ,state1 if such laws or ordinances provide rights and responsibilities for public employees that are comparable to or greater than the rights and responsibilities described in section #d7;b74 7#b7 ,actions of the ,district of ,columbia ,nothing in this ,act or the regulations promulgated under this ,act shall be construed-- 7,a7 to require the ,district of ,columbia to rescind-- 7i7 section #eja of the ,district of ,columbia ,government ,comprehensive ,merit ,personnel ,act 7#a-fje4ja1 ,d4,c4 ,official ,code71 establishing the ,public ,employee ,relations ,board of the ,district of ,columbia2 or 7ii7 section #ejb of such ,act 7#a-fje4jb1 ,d4,c4 ,official ,code71 establishing the power of the ,board2 7,b7 to preempt the laws described in subparagraph 7,a72 or 7,c7 to limit or alter the powers of the government of the ,district of ,columbia pursuant to the ,district of ,columbia ,home ,rule ,act 7,public ,law #ic-aih2 #a-bja4ja et seq41 ,d4,c4 ,official ,code74 7#c7 ,actions of the authority ,nothing in this ,act or the regulations promulgated under this ,act shall be construed to preempt-- 7,a7 the laws or ordinances of any ,state or political subdivision of a ,state1 if such laws or ordinances provide collective bargaining rights for public employees that are comparable to or greater than the rights enumerated in section #d7;b72 7,b7 the laws or ordinances of any ,state or political subdivision of a ,state that substantially provide for the rights and responsibilities described in section #d7;b7 with respect to certain categories of public employees solely because such rights and responsibilities have not been extended to other categories of public employees covered by this ,act2 7,c7 the laws or ordinances of any ,state or political subdivision of a ,state that substantially provide for the rights and responsibilities described in section #d7;b71 solely because such laws or ordinances provide that a contract or memorandum of understanding between a public employer and a labor organization must be presented to a legislative body as part of the process for approving such contract or memorandum of understanding2 or 7,d7 the laws or ordinances of any ,state or political subdivision of a ,state that permit or require a public employer to recognize a labor organization on the basis of signed authorizations executed by public employees designating the labor organization as their representative4 7#d7 ,limited enforcement power ,in the case of a law described in section #d7;d77#b71 the ,authority shall only exercise the powers provided in section #e with respect to those categories of public employees for whom the ,state does not substantially provide the rights and responsibilities described in section #d7;b74 #i4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this ,act4