A bill to guarantee the right of professional firefighters to organize and bargain collectively.
Firefighter National Labor-Management Relations Act - Establishes within the Department of Labor the Firefighters National Labor-Management Relations Commission.
Grants firefighters the right as employees to: (1) form, join, or assist employee organizations; (2) participate in collective bargaining with employers through representatives of their own choosing; and (3) engage in other activities, individually or in concert, to establish, maintain, or improve terms and conditions of employment and other matters of mutual concern relating thereto.
Grants firefighter employee organizations the right to: (1) have access at reasonable times to areas in which employees work, use the employer's bulletin boards, mailboxes, and other communication media, use the employer's facilities at reasonable times for meetings concerned with the exercise of the rights guaranteed by this Act (except that if an exclusive representative has been recognized such access and use shall be denied to other employee organizations until a lawful and timely challenge to the majority status of the representative is raised); and (2) have deducted from the salary of employees, upon receipt of an appropriate authorization form, an amount for membership fees and dues. Requires, if an exclusive representative has been recognized, each employee who is not a member of the organization to pay an amount equivalent to that share of dues, fees, or assessments paid by a member.
Requires employers to recognize an employee organization designated by the majority of employees as the exclusive bargaining representative of all the employees for collective bargaining purposes, unless the employer entertains a good faith doubt as to the validity or accuracy of the evidence demonstrating majority support in a unit, or as to the appropriateness of the claimed unit. Provides for investigations by the Commission whenever a petition is filed: (1) by an employer alleging a good faith doubt as to majority support in an appropriate unit, that a claimed unit is inappropriate, or that more than one employee organization claims to represent a substantial number of the employees in a bargaining unit; (2) by an employee organization alleging that 30 percent of the employees in a bargaining unit wish to be represented by such organization; or (3) by or on behalf of the unit alleging that the exclusive representative no longer represents a majority. Directs the Commission to provide for a hearing if a substantial question of representation exists and to direct an election if there is a controversy concerning representation. Directs the Commission to certify any employee organization which received a majority of votes in such election as the exclusive representative of such employees.
Sets forth criteria to determine the appropriateness of a bargaining unit.
Sets forth procedures for conduct of hearings, decisions, and review.
Sets forth provisions for determinations as to outcome of elections.
Provides that representatives selected by employees in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all employees in such unit to bargain on wages, hours, and terms and conditions of employment. Grants individual employees or groups of employees the right at any time to present grievances to its employer and have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of the collective bargaining contract. Requires that the bargaining representative be given an opportunity to be present at such adjustment.
Provides that any employee representative in existence on the date of enactment of this Act shall continue without the requirement of an election and certification until a question concerning representation is raised or the unit is found to be inappropriate. Prohibits any challenge to the appropriateness of the unit until expiration of any collective bargaining agreement in effect on the date of enactment of this Act.
Sets forth an impasse procedure using an arbitration panel.
Sets forth unfair labor practices. Makes it unlawful for an employer to: (1) impose or threaten to impose reprisals on any employee, discriminate or threaten to discriminate against any employee, otherwise interfere with, restrain, or coerce any employee because of the exercise of rights guaranteed by this Act; (2) dominate, interfere with, or assist in the formation or administration of any employee organization; (3) encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure of employment, or any term or condition of employment; (4) deny to any employee organization the rights guaranteed to it by this Act; (5) refuse or fail to collectively bargain in good faith with an exclusive representative, if requested to do so; or (6) otherwise fail to comply with any provision of this Act. Makes it unlawful for an employee organization: (1) to restrain or coerce any employee in the exercise of rights guaranteed by this Act, but this shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein; (2) to restrain or coerce an employer in the selection of its representative for collective bargaining or the adjustment of grievances; or (3) when acting as an exclusive representative, to refuse to bargain collectively in good faith with an employer if requested to do so. Provides that the duty to bargain collectively shall extend to matters which are or may be the subject of an enactment by a State or local government, and that such duty includes the obligation of the employer to submit such agreement to the appropriate governmental body for legislative action if necessary.
Empowers the Commission to prevent any person from engaging in any unfair labor practice. Sets forth procedures for issuance of complaints, hearings, and issuance of orders. Grants the Commission access to evidence and subpoena power. Provides for judicial orders to appear before the Commission. Sets forth provisions relating to self-incrimination. Provides for service of complaints and service of process. Imposes penalties for interference with the Commissioner. Provides for judicial enforcement and judicial review. Provides for exclusion of evidence taken during a representation proceeding.
Prohibits any firefighter or exclusive representative from engaging in a strike or inducing, encouraging, or condoning any strike, work stoppage, slowdown, or withholding of services by firefighters.
Makes this Act the exclusive method for regulating the relationship between employers and their firefighter employees in regard to all matters covered herein. Preempts any provision of Federal, State or local law inconsistent with this Act. Grants an exemption to make substantially equivalent State, or local laws applicable.
Provides that, except as otherwise expressly provided, nothing in this Act shall be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into before the effective date of this Act between an employer and a firefighter employee organization covering terms and conditions of employment.
Introduced in House
Introduced in House
Referred to House Committee on Education and Labor.
Referred to Subcommittee on Labor-Management Relations.
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