,,ii #aaith ,,congress #ast ,session ,s4 #fcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ai1 #bjbe,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 public safety officers employed by ,states or their political subdivisions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,safety ,employer-,employee ,cooperation ,act4 #b4 ,purpose and policy ,congress declares 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 uses the strengths of both parties to best serve the interests of the public3 operating as a team to carry out the public safety mission in a quality work environment4 ,in many public safety agencies1 it is the labor organization that provides the institutional stability as elected leaders and appointees come and go4 7#b7 ,state and local public safety officers play an essential role in the efforts of the ,united ,states to detect1 prevent1 and respond to terrorist attacks and to respond to natural disasters1 hazardous materials1 and other mass casualty incidents4 ,state and local public safety officers1 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 ,public safety 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 public safety employers and the representatives of their employees to reach and maintain agreements concerning rates of pay1 hours1 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 disputes4 7#d7 ,the absence of adequate cooperation between public safety 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 law enforcement1 fire1 and emergency medical services of local communities1 the health and well-being of public safety officers1 and the morale of law enforcement1 fire1 and emergency medical service departments4 ,additionally1 these factors could have significant commercial repercussions4 ,moreover1 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 commerce4 7#e7 ,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 ,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 employee1 with respect to the application of this ,act in a ,state-- 7,a7 has the meaning given such term 7or a substantially equivalent term7 under any applicable ,state law of such ,state on the date of enactment of this ,act2 or 7,b7 if no such applicable ,state law is in effect in such ,state1 means an individual1 employed by a public safety employer1 who-- 7i7 is designated as confidential2 and 7ii7 is an individual who routinely assists1 in a confidential capacity1 any supervisory employee or management employee4 7#c7 ,emergency medical services employee ,the term emergency medical services employee means an individual who provides out-of-hospital emergency medical care1 including an emergency medical technician1 paramedic1 or first responder4 7#d7 ,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#e7 ,firefighter ,the term firefighter has the meaning given the term employee in fire protection activities in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#f7 ,labor organization ,the term labor organization means an organization of any kind1 in which public safety officers participate and which exists for the purpose1 in whole or in part1 of dealing with a public safety employer concerning grievances1 conditions of employment1 and related matters4 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 ,the term management employee1 with respect to the application of this ,act in a ,state-- 7,a7 has the meaning given such term 7or a substantially equivalent term7 under any applicable ,state law of such ,state on the date of enactment of this ,act2 or 7,b7 if no such applicable ,state law is in effect in such ,state1 means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate1 determine1 or influence the policies of the public safety employer4 7#i7 ,person ,the term person means an individual or a labor organization4 7#aj7 ,public safety employer 7,a7 ,in general ,the term public safety employer means any ,state1 or political subdivision of a ,state1 that employs a public safety officer4 7,b7 ,applicability ,for purposes of this ,act1 a public safety employer shall be considered to be engaged in commerce or in an industry or activity affecting commerce4 7#aa7 ,public safety officer ,the term public safety officer-- 7,a7 means an individual employed by a public safety employer who is a law enforcement officer1 a firefighter1 or an emergency medical services employee2 7,b7 includes an individual who is temporarily transferred to a supervisory or management position2 and 7,c7 except as provided in subparagraph 7,b71 does not include-- 7i7 a supervisory employee2 7ii7 a management employee2 or 7iii7 a confidential employee4 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 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#ad7 ,supervisory employee ,the term supervisory employee1 with respect to the application of this ,act in a ,state-- 7,a7 has the meaning given such term 7or a substantially equivalent term7 under any applicable ,state law of such ,state on the date of enactment of this ,act2 or 7,b7 if no such applicable ,state law is in effect in such ,state1 an individual1 employed by a public safety employer1 who-- 7i7 has the authority in the interest of the public safety 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 direct1 assign1 promote1 reward1 transfer1 furlough1 lay off1 recall1 suspend1 discipline1 or remove public safety officers2 7,,ii7 adjust the grievances of public safety officers2 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 such authority4 7#ae7 ,unfair labor practice ,the term unfair labor practice means a practice described in section #gaaf of title #e1 ,united ,states ,code1 except that1 in applying such section-- 7,a7 public safety officer shall be substituted for employee2 7,b7 public safety employer shall be substituted for agency2 and 7,c7 this ,act shall be substituted for this chapter4 #d4 ,determination of rights and responsibilities 7a7 ,determination 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act 7except as provided in paragraph 7#d77;,b771 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 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 safety employers and labor organizations4 ,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 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 shall be limited to the application of 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 ,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 7or an interpretation of such law7 has occurred4 7,c7 ,issuance of subsequent determination ,if satisfied that a material change in ,state law or its interpretation has occurred1 the ,authority shall issue a subsequent determination under paragraph 7#a7 not later than #cj days after receipt of such request4 7#e7 ,exception ,the ,authority shall not make a determination under paragraph 7#a7 that the laws of a ,state do not substantially provide for each of the rights and responsibilities described in subsection 7b7 on the basis that relevant ,state laws-- 7,a7 permit an employee to appear on the employee's own behalf with respect to the employee's employment relations with the public safety employer involved2 7,b7 do not apply to a political subdivision of the ,state if such political subdivision-- 7i7 has a population of fewer than #e1jjj individuals2 or 7ii7 employs fewer than #be full-time employees 7excluding any individual elected by popular vote or appointed to serve on a board or commission72 or 7,c7 do not require bargaining with respect to pension1 retirement1 or health benefits4 7#f7 ,judicial review ,any person or public safety employer aggrieved by a determination of the ,authority under 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 person or public safety employer resides or transacts business or in the ,court of ,appeals for the ,district of ,columbia ,circuit1 for judicial review4 7b7 ,rights and responsibilities ,the rights and responsibilities described under this subsection are the following3 7#a7 ,a right of public safety officers to form and join a labor organization-- 7,a7 which may exclude any management employee1 supervisory employee1 or confidential employee1 and 7,b7 that is1 or seeks to be1 recognized as the exclusive bargaining representative of such public safety officers4 7#b7 ,a requirement that any public safety employer-- 7,a7 recognize the labor organization of its public safety officers 7freely chosen by a majority of the public safety officers72 7,b7 agree to bargain with such labor organization2 and 7,c7 commit any agreements with such labor organization to writing in a contract or memorandum of understanding4 7#c7 ,a right of public safety officers to bargain with respect to hours1 wages1 and terms and conditions of employment4 7#d7 ,a right to binding interest arbitration as a mechanism to resolve an impasse in collective bargaining negotiations4 7#e7 ,a right to enforcement of all rights1 responsibilities1 and protections enumerated in this subsection1 and of any written contract or memorandum of understanding between a labor organization and a public safety 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 determines under subsection 7a77#a7 that a ,state substantially provides each of the rights and responsibilities described in subsection 7b71 then subsection 7d7 shall not apply and this ,act shall not preempt the laws of such ,state4 7d7 ,failure ,to meet requirements 7#a7 ,in general ,if the ,authority determines under subsection 7a77#a7 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 the ,authority makes a determination under subsection 7a77#a72 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 determines under subsection 7a77#a7 that a ,state does not substantially provide for the rights and responsibilities described in subsection 7b7 because the ,state law substantially provides for such rights and responsibilities for certain categories of public safety officers covered by this ,act but not others1 the ,authority shall identify those categories of public safety officers 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 public safety officers 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 public safety employers and public safety officers that substantially provide for the minimum standards described in section #d7;b7 for ,states described in section #d7;d74 7b7 ,role of the ,federal ,labor ,relations ,authority ,in carrying out subsection 7a71 the ,authority 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 chosen as an exclusive representative by a voting majority of the public safety officers 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 organization 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 subpoenas 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 ,unless the ,authority has filed a petition for enforcement as provided in paragraph 7#a7 and except as provided in section #h7;b77#d7 with respect to ,states1 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 section1 or to enforce compliance with any order issued by the ,authority pursuant to this section4 #f4 ,strikes and lockouts prohibited 7a7 ,in general ,subject to subsection 7b71 a public safety employer1 public safety officer1 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 a public safety employer1 public safety officer1 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 public safety 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 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 ,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 or 7#b7 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 employment4 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 public safety officers 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 public safety officers 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 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 ,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 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 understanding4 7#c7 ,limited enforcement power ,in the case of a law described in paragraph 7#b77;,b71 the ,authority shall only exercise the powers provided in section #e with respect to those categories of public safety officers who have not been afforded the rights and responsibilities described in section #d7;b74 7#d7 ,exclusive enforcement provision ,notwithstanding any other provision of the ,act1 and in the absence of a waiver of a ,state's sovereign immunity1 the ,authority shall have the exclusive power to enforce the provisions of this ,act with respect to employees of a ,state4 #i4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act4