,i #aafth ,,congress #ast ,session ,h4 ,r4 #cdfc ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjai ,mr4 ,cartwright 7for himself1 ,ms4 ,schakowsky1 ,ms4 ,norton1 ,ms4 ,omar1 ,ms4 ,dean1 ,mr4 ,scott of ,virginia1 ,ms4 ,wilson of ,florida1 ,mr4 ,espaillat1 ,mr4 ,higgins of ,new ,york1 ,mr4 ,de,saulnier1 ,mr4 ,pallone1 ,ms4 ,bonamici1 ,mr4 ,norcross1 ,mr4 ,cohen1 ,mr4 ,sires1 ,ms4 ,kaptur1 ,mr4 ,sablan1 ,mr4 ,raskin1 ,ms4 ,fudge1 ,ms4 ,jayapal1 ,mr4 ,pocan1 ,mr4 ,smith of ,washington1 ,ms4 ,finkenauer1 ,mr4 ,nadler1 ,mrs4 ,beatty1 ,mr4 ,mc,govern1 ,mrs4 ,hayes1 and ,mrs4 ,trahan7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,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 #bjai4 #b4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,authority ,the term ,authority means the ,federal ,labor ,relations ,authority4 7#b7 ,appropriate unit ,the term appropriate unit means a bargaining unit of public employees or supervisory employees that share a community of interest1 have a bargaining history or history of prior organization1 and represents the desires of employees seeking representation4 7#c7 ,collective bargaining ,the term collective bargaining1 used with respect to public employees1 supervisory employees1 and public employers1 means the performance of the mutual obligation of the representative of a public employer and the exclusive representative of public and supervisory 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 concession 7as described in section #h7;d7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;d7774 7#d7 ,confidential employee ,the term confidential employee means an employee of a public employer 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#e7 ,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#f7 ,employ ,the term employ has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#g7 ,labor organization ,the term labor organization means any organization of any kind that is not under the control directly or indirectly by a public employer in which such 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#h7 ,law ,the term law1 used with respect to a ,state or a political subdivision thereof1 includes the application of the laws of such ,state or such political subdivision1 including any regulations or ordinances issued by such ,state or such political subdivision4 7#i7 ,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#aj7 ,management employee ,the term management employee means an individual employed by a public employer in a position the duties and responsibilities of which require the individual to formulate or determine the policies of the employer4 7#aa7 ,covered person ,the term covered person means an individual or a labor organization4 7#ab7 ,public employee 7,a7 ,in general ,the term public employee-- 7i7 means an individual1 employed by a public employer1 who in any workweek is engaged in commerce or is employed in an enterprise engaged in commerce2 7ii7 includes an individual who is temporarily transferred to a supervisory or management position2 and 7iii7 does not include a supervisory employee1 management employee1 or confidential employee1 or an elected official4 7,b7 ,commerce2 ,enterprise engaged in commerce ,for the purpose of this paragraph1 the terms commerce and enterprise engaged in commerce have the meanings given in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#ac7 ,public employer ,the term public employer means any of the following that employs individuals3 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#ad7 ,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 ,states 7as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc774 7#ae7 ,substantially provides ,the term substantially provides1 used with respect to the rights and procedures described in section #c7;b71 means providing rights and procedures that are equivalent to or greater than each of the rights and procedures described in such section4 7#af7 ,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 in any workweek is engaged in commerce or is employed in an enterprise engaged in commerce and who-- 7i7 has the authority in the interest of the employer1 if the exercise of such 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 ,commerce2 enterprise engaged in commerce ,for the purpose of this paragraph1 the terms commerce and enterprise engaged in commerce have the meanings given in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7b7 ,state law ,if any term defined in this section has a substantially equivalent meaning to the term 7or a substantially equivalent term7 under applicable ,state law on the date of the enactment of this ,act1 such term 7or substantially equivalent term7 and meaning under such applicable ,state law shall apply with respect to the term defined under this ,act with respect to such ,state4 #c4 ,federal minimum standards 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 for each ,state as to whether the laws of such ,state substantially provide for each of the rights and procedures under subsection 7b7 and not later than #cj days after the enactment of this ,act1 the ,authority shall establish procedures for the implementation of this section4 7#b7 ,consideration of additional opinions ,in making the determination under paragraph 7#a71 the ,authority shall consider the opinions of affected public employees1 supervisory 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 under paragraph 7#a74 7#c7 ,limited criteria ,in making the determination described in paragraph 7#a71 the ,authority may only consider the criteria described in subsection 7b74 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 ,request ,a public employee1 supervisory employee1 public employer1 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 has occurred4 7,c7 ,issuance ,if satisfied that a material change in ,state law has occurred1 the ,authority shall issue a subsequent determination not later than #cj days after receipt of such request4 7#e7 ,judicial review ,any covered person or public employer aggrieved by a determination of the ,authority under this paragraph 7#a7 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 covered 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 ,federal minimum standard ,the collective bargaining rights and procedures under this subsection are as follows3 7#a7 ,a right of public employees and supervisory employees-- 7,a7 to self-organization2 7,b7 to form1 join1 or assist a labor organization or to refrain from any such activity2 7,c7 to bargain collectively through representatives of their own choosing2 and 7,d7 to engage in other concerted activities for the purpose of collective bargaining or other mutual aid 7including the filing of joint1 class1 or collective legal claims7 or protection4 7#b7 ,a requirement for public employers to-- 7,a7 recognize the labor organization of its public employees and supervisory employees 7freely chosen in an election by a majority of such employees voting in the appropriate unit or chosen by voluntary recognition if that method is permitted under ,state law7 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 organization-- 7i7 not earlier than the date that is #a year after the date of the election 7or after a voluntary recognition if permitted under ,state law7 of the representative2 7ii7 not earlier than #a year after the expiration of a valid collective bargaining agreement2 7iii7 not during the term of a valid collective bargaining agreement 7except as permissible under clause 7iv772 or 7iv7 during the #cj-;day period beginning on the date that is #ij days before the end of a valid existing contract2 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 ,an interest impasse resolution mechanism that includes a procedure for the settlement of grievances 7including fact-finding1 mediation1 arbitration7 which culminates in binding arbitration4 7#d7 ,payroll deduction of labor organization fees for any duly selected representative of public employees and supervisory employees pursuant to the terms of an authorization executed by such public employees to the extent permitted by law4 7#e7 ,the enforcement of all relevant rights 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 rights and procedures ,if the ,authority determines under subsection 7a7 that the laws of a ,state substantially provide each of the rights and procedures described in subsection 7b71 then subsection 7d7 shall not apply4 7d7 ,failure ,to substantially provide 7#a7 ,in general ,if the ,authority determines under subsection 7a7 that the laws of a ,state do not substantially provide for each of the rights and procedures described in subsection 7b71 then such ,state shall be subject to the rules and activities of the ,authority under section #d 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 each of the rights and procedures described in subsection 7b7 because the ,state fails to substantially provide for all of such rights and procedures with respect to any public or supervisory employees1 the ,authority shall identify-- 7,a7 the categories of public or supervisory employees of such ,state that shall be subject to the rules and activities of the ,authority under section #d1 pursuant to section #g7;b77#c71 beginning on the applicable date under paragraph 7#a72 7,b7 the categories of public employees and supervisory employees of such ,state that shall not be subject to the rules and activities of the ,authority under section #d2 7,c7 the categories of rights and procedures described in subsection 7b7 for which the ,state does not substantially provide for certain public employees and supervisory employees2 and 7,d7 the categories of rights and procedures described in such subsection for which the ,state substantially provides for all employees4 #d4 ,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 rules and take such actions that the ,authority determines appropriate to establish and administer collective bargaining rights and procedures that substantially provide for the rights and procedures described in section #c7;b7 for ,states described in section #c7;d74 7b7 ,role of the ,federal ,labor ,relations ,authority ,in carrying out subsection 7a71 the ,authority shall-- 7#a7 protect the right of public employees-- 7,a7 to self-organization2 7,b7 to form1 join1 or assist any labor organization or to refrain from any such activity2 7,c7 to bargain collectively through representatives of their own choosing2 and 7,d7 to engage in other concerted activities for the purpose of collective bargaining or other mutual aid 7including the filing of joint1 class1 or collective legal claims7 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 and supervisory employees voting in such election in an appropriate unit2 7#c7 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 employee or supervisory employee to the extent permitted by law2 7#d7 determine the appropriateness of units for labor organization representation2 7#e7 require public employers to-- 7,a7 recognize the labor organization of its public employees or supervisory 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 or supervisory employees' 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#f7 prohibit practices which interfere with1 coerce1 or intimidate public or supervisory employees in the exercise of rights guaranteed in paragraph 7#a7 or regulations issued thereunder2 7#g7 conduct hearings and resolve complaints concerning violations of any rule or order issued by the ,authority pursuant to this ,act2 7#h7 resolve exceptions to the awards of arbitrators that violate or exceed the scope of public policy of this ,act2 and 7#i7 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 7#a7 ,in general ,the ,authority may issue an order directing compliance by any covered 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 rules issued under this section1 and for appropriate temporary relief or a restraining order4 ,any covered person or public employer aggrieved by an order issued by the ,authority under this section may1 during the #fj-;day period beginning on the date on which the order was issued petition any ,united ,states ,court of ,appeals in the circuit which the covered person or public employer resides or transacts business or in the ,court of ,appeals for the ,district of ,columbia ,circuit1 for judicial review4 ,any petition or appeal under this section shall be conducted in accordance with subsections 7c7 and 7d7 of section #gabc of title #e1 ,united ,states ,code4 7#b7 ,private right of action 7,a7 ,filing a civil action ,unless the ,authority has filed an order of enforcement as provided in paragraph 7#a71 any party may1 after the #ahj-;day period following the filing of a charge with the ,authority pursuant to the rules of the ,authority under this section1 file a civil action against any named ,state administrator in an appropriate district court of the ,united ,states to enjoin such administrator to enforce compliance-- 7i7 with this ,act or the rules issued by the ,authority under this section2 or 7ii7 to enforce compliance with any order issued by the ,authority4 7,b7 ,timing ,any civil action brought under subparagraph 7,a7 must be brought not later than the earlier of-- 7i7 the date that is #ahj days after the expiration of the #ahj-;day period in subparagraph 7,a72 or 7ii7 the date that is #ahj days after the date that the ,authority dismisses a charge described in subparagraph 7,a74 7,c7 ,notice ,the party shall provide notice of the ,federal lawsuit to the ,authority on the date of the filing of the civil action in ,federal court4 7,d7 ,jurisdiction and attorneys' fees ,a district court shall have jurisdiction over the civil action filed under subparagraph 7,a7 without regard to the amount in controversy or the citizenship of the parties and may award reasonable attorneys' fees4 #e4 ,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 subject to the rules and activities of the ,authority under section #d 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 #f4 ,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 #g4 ,exceptions 7a7 ,in general ,the ,authority shall not make a determination under section #c7;a7 that the laws of a ,state do not substantially provide for the rights and procedures under section #c7;b7 on the basis that relevant ,state laws-- 7#a7 permit a public or supervisory employee to appear on the employee's own behalf with respect to the relationship of the public employee with the public employer involved2 7#b7 do not cover public or supervisory employees of the ,state militia or national guard2 or 7#c7 do not apply 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 that such subdivision is exempt from such laws before the date on which the ,authority makes the determination4 7b7 ,compliance 7#a7 ,actions of ,states ,nothing in this ,act shall be construed to require a ,state to rescind or preempt the laws of any political subdivision of the ,state if such laws substantially provide for the rights and procedures described in section #c7;b74 7#b7 ,actions of the ,district of ,columbia ,nothing in this ,act or in the rules issued 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 of #aigh 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 ,act4 7#c7 ,actions of the authority ,nothing in this ,act shall be construed to preempt-- 7,a7 the laws of any ,state or political subdivision of a ,state that substantially provide for the rights and procedures described in section #c7;b72 7,b7 the laws of any ,state or political subdivision of a ,state that substantially provide for the rights and procedures described in section #c7;b71 solely because such laws 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,c7 the laws 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 employees designating the labor organization as their representative4 7#d7 ,limited enforcement power ,in the case of a law described in section #c7;d77#b71 the ,authority shall only exercise the authority under section #d with respect to the categories of public or supervisory employees for whom ,state law does not substantially provide the rights and procedures described in section #c7;b74 #h4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4