,,ii  #aagth ,,congress  #ast ,session  
,s4 #bagh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bb1     
#bjba,mr4 ,hickenlooper 7for himself and
 ,ms4 ,hassan7 introduced the following 
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to provide collective          
bargaining rights for fire fighters and 
emergency medical services personnel    
employed by ,states or their political  
subdivisions1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,fire ,fighters and ,,ems       
,employer-,employee ,cooperation ,act4  
#b4 ,purpose and policy ,it is the sense
 of ,congress that the following is the 
policy of the ,united ,states3 7#a7     
,labor-management relationships and     
partnerships are based on trust1 mutual 
respect1 open communication1 bilateral  
consensual problem solving1 and shared  
accountability4 ,labor-management       
cooperation fully utilizes the strengths

 of both parties to best serve the      
interests of the public1 operating as a 
team1 to carry out the fire and ,,ems   
mission in a quality work environment4  
,in many fire and ,,ems agencies1 it is 
the labor organization that provides the
 institutional stability as elected     
leaders and appointees come and go4     
7#b7 ,state and local fire and ,,ems    
personnel 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 fire and ,,ems         
personnel1 as first responders1 are a   
component of the ,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 ,fire and     
,,ems employer-employee cooperation is  
essential in meeting these needs and is1

 therefore1 in the ,national interest4  
7#c7 ,the ,federal ,government needs to 
encourage conciliation1 mediation1 and  
arbitration to aid and encourage        
employers and the representatives of    
their 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  7#d7 ,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 commerce4 ,the lack of such  
labor-management cooperation can        
detrimentally impact the upgrading of   
fire and emergency medical services of  
local communities1 the health and       
well-being of fire and ,,ems personnel1 

and the morale of fire and ,,ems        
departments4 ,additionally1 these       
factors could have significant          
commercial repercussions4 ,moreover1    
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 commerce4  7#e7 ,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 ,act1
 and such ,state and local laws should  
be respected4  #c4 ,definitions ,in this
 ,act3 7#a7 ,authority ,the term        
,authority means the ,federal ,labor    
,relations ,authority4  7#b7            
,confidential employee ,the term        
confidential employee has the meaning   
given such term under applicable ,state 
law on the date of enactment of this    
,act4 ,if no such ,state law is in      

effect1 the term means an individual1   
employed by a fire and ,,ems employer1  
who-- 7,a7 is designated as             
confidential2 and  7,b7 is an individual
 who routinely assists1 in a            
confidential capacity1 supervisory      
employees and management employees4     
7#c7 ,emergency medical services        
personnel ,the term emergency medical   
services personnel means an individual  
who provides out-of-hospital emergency  
medical care1 including an emergency    
medical technician1 paramedic1 or first 
responder4  7#d7 ,employer2 fire and ems
 agency2 fire and ems employer ,the     
terms employer1 fire and ,,ems agency1  
and fire and ,,ems employer mean any    
,state1 or political subdivision of a   
,state1 that employs fire and ,,ems     
personnel4  7#e7 ,fire and ,,ems        
,personnel ,the term fire and ,,ems     
personnel-- 7,a7 means an employee of a 
fire and ,,ems agency who is-- 7i7 a    
firefighter2  7ii7 an emergency medical 
services personnel2 or  7iii7 an        

individual trained as a firefighter who 
provides out-of-hospital emergency      
medical care2  7,b7 includes an         
individual who is temporarily           
transferred to a supervisory or         
management position2 and  7,c7 does not 
include a permanent supervisory1        
management1 or confidential employee4   
7#f7 ,firefighter ,the term firefighter 
has the meaning given the term employee 
in fire protection activities in section
 #c7y7 of the ,fair ,labor ,standards   
,act of #aich 7#bi ,u4,s4,c4 #bjc7y774  
7#g7 ,labor organization ,the term labor
 organization means an organization of  
any kind1 in which employees participate
 and which exists for the purpose1 in   
whole or in part1 of dealing with       
employers concerning grievances1        
conditions of employment1 and related   
matters4  7#h7 ,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 ,act4 ,if no such     

,state law is in effect1 the term means 
an individual employed by a fire and    
,,ems employer in a position that       
requires or authorizes the individual to
 formulate1 determine1 or influence the 
policies of the employer4  7#i7 ,person 
,the term person means an individual or 
a labor organization4  7#aj7 ,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#aa7 ,substantially provides 
,the term substantially provides1 when  
used 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 right and          
responsibility described in such        
section4  7#ab7 ,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 ,act4 ,if no such     

,state law is in effect1 the term means 
an individual1 employed by a fire and   
,,ems employer1 who-- 7,a7 has the      
authority in the interest of the        
employer to hire1 direct1 assign1       
promote1 reward1 transfer1 furlough1 lay
 off1 recall1 suspend1 discipline1 or   
remove fire and ,,ems personnel1 to     
adjust their grievances1 or to          
effectively recommend such action1 if   
the exercise of the authority is not    
merely routine or clerical in nature but
 requires the consistent exercise of    
independent judgment2 and  7,b7 devotes 
a majority of time at work to exercising
 such authority4  #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 employers and labor
 organizations4 ,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 7b71 the        
,authority shall give such agreement    
weight to the maximum extent practicable
 in making the ,authority's             
determination under this subsection4    
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 require 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 an employer
 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 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 employer resides or 
transacts business or in the ,district  
of ,columbia ,circuit for judicial      

review4  7b7 ,rights and                
responsibilities ,in making a           
determination described in subsection   
7a71 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 following3 7#a7        
,granting fire and ,,ems personnel the  
right to form and join a labor          
organization1 which may exclude         
management employees1 supervisory       
employees1 and confidential employees1  
that is1 or seeks to be1 recognized as  
the exclusive bargaining representative 
of such employees4  7#b7 ,requiring fire
 and ,,ems employers to recognize the   
employees' labor organization 7freely   
chosen by a majority of the employees71 
to agree to bargain with the labor      
organization1 and to commit any         
agreements to writing in a contract or  
memorandum of understanding4  7#c7      
,providing for the right to bargain over

 hours1 wages1 and terms and conditions 
of employment4  7#d7 ,making available  
an interest impasse resolution          
mechanism1 such as fact-finding1        
mediation1 arbitration1 or comparable   
procedures4  7#e7 ,requiring enforcement
 of all rights1 responsibilities1 and   
protections enumerated in this section1 
and of any written contract or          
memorandum of understanding between a   
labor organization and a fire and ,,ems 
employer1 through-- 7,a7 a ,state       
administrative agency1 if the ,state so 
chooses2 or  7,b7 any court of competent
 jurisdiction4  7c7 ,compliance with    
requirements ,if the ,authority         
determines1 acting pursuant to its      
authority under subsection 7a71 that a  
,state substantially provides rights and
 responsibilities described in          
subsection 7b71 then this ,act shall not
 preempt ,state law4  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 or  7,b7 7i7 in 
the case of a ,state receiving an       
initial determination under subsection  
7a77#a71 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 subsection2 or 
7ii7 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    
makes the determination under such      
subsection4  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 fire and ,,ems personnel  
covered by this ,act but not others1 the
 ,authority shall identify those        
categories of fire and ,,ems personnel  
that shall be subject to the regulations
 and procedures described in section #e1
 pursuant to section #h7;b77#c7 and     
beginning on the appropriate date       
described in paragraph 7#a71 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 7b74  #e4 ,role of federal   
labor relations authority  7a7 ,in      
general ,not later than #a year after   
the date of enactment of this ,act1 the 
,authority shall issue regulations1 in  
accordance with the rights and          

responsibilities described in section   
#d7;b71 establishing collective         
bargaining procedures for employers and 
fire and ,,ems personnel in ,states that
 the ,authority has determined under    
section #d7;a7 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 determine the  
appropriateness of units for labor      
organization representation2  7#b7      
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 unit2   
7#c7 resolve issues relating to the duty
 to bargain in good faith2  7#d7 conduct
 hearings and resolve complaints of     
unfair labor practices2  7#e7 resolve   
exceptions to the awards of arbitrators2

  7#f7 protect the right of each        
employee to form1 join1 or assist any   
labor organization1 or to refrain from  
any such activity1 freely and without   
fear of penalty or reprisal1 and protect
 each employee in the exercise of such  
right2 and  7#g7 take such other actions
 as are necessary and appropriate to    
effectively administer this ,act1       
including issuing subpoenas1 requiring  
the attendance and testimony of         
witnesses and the production of         
documentary or other evidence from any  
place in the ,united ,states1 and       
administering oaths1 taking or ordering 
the taking of depositions1 ordering     
responses to written interrogatories1   
and receiving and examining witnesses4  
7c7 ,enforcement  7#a7 ,authority to    
petition court ,the ,authority 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 final

 orders under this section1 and for     
appropriate temporary relief or a       
restraining order4  7#b7 ,private right 
of action  7,a7 ,in general ,except as  
provided in subparagraph 7,b7 and unless
 the ,authority has filed a petition for
 enforcement as provided in paragraph   
7#a71 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      
section1 or to enforce compliance with  
any order issued by the ,authority      
pursuant to this section4 ,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 ,authority4  7,b7         
,exclusive enforcement ,in the case a   
,state has not waived its sovereign     
immunity1 the ,authority shall have the 
exclusive power to enforce the          

provisions of this ,act against such    
,state as an employer4  #f4 ,strikes and
 lockouts prohibited  7a7 ,in general   
,subject to subsection 7b71 an employer1
 fire and ,,ems personnel1 or labor     
organization may not engage in a        
lockout1 sickout1 work slowdown1 strike1
 or any other organized job action that 
will measurably disrupt the delivery of 
emergency services and is designed to   
compel an employer1 fire and ,,ems      
personnel1 or labor organization to     
agree to the terms of a proposed        
contract4  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 fire and ,,ems   
personnel4  #g4 ,existing collective    
bargaining units and agreements ,a      
certification1 recognition1             
election-held1 collective bargaining    
agreement1 or memorandum of             
understanding that has been issued1     
approved1 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    
,act4  #h4 ,construction and compliance 
7a7 ,construction ,nothing in this ,act 
shall be construed-- 7#a7 to preempt or 
limit the remedies1 rights1 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  
#d7;b72  7#b7 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 employment2  7#c7 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   
#d7;b7 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 involved2    
7#d7 to prohibit a ,state from exempting
 from coverage under this ,act a        
political subdivision of the ,state that
 has a population of less than #e1jjj or
 that employs less than #be full-time   
employees1 including each individual    
employed by the political subdivision1  
except not including any individual     
elected by popular vote or appointed to 
serve on a board or commission2 or  7#e7
 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 #d7;b7 solely      
because such law or ordinance does not  
require bargaining with respect to      
pension or retirement4  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 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 #d7;b74  7#b7 ,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 provide collective bargaining 
rights for fire and ,,ems personnel 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 provide for the rights and  
responsibilities described in section   
#d7;b7 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
 ,act2 or  7,c7 the laws or ordinances  
of any ,state or political subdivision  
of a ,state that 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
 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 understanding4  7#c7      
,limited enforcement power ,in the case 
of a law or ordinance described in      
paragraph 7#b77;,b71 the ,authority     
shall only exercise the powers provided 
in section #e with respect to those     
categories of fire and ,,ems personnel  
who have not been afforded 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