Public Safety Employer-Employee Cooperation Act of 2007 - Provides collective bargaining rights for public safety officers employed by states or local governments.
Directs the Federal Labor Relations Authority (Authority) to determine whether state law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization.
Requires the Authority to issue in accordance with the public safety employee rights and responsibilities regulations establishing collective bargaining procedures for public safety employers and employees in states that do not substantially provide for such rights and responsibilities. Directs the Authority , in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) 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 unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such Authority regulations and orders through appropriate state courts.
Prohibits public safety employers, employees, and labor organizations from engaging in lockouts, sickouts, work slowdowns, or strikes.
Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2123 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2123
To provide collective bargaining rights for public safety officers
employed by States or their political subdivisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 1, 2007
Mr. Gregg (for himself, Mr. Kennedy, Mr. Coleman, Mr. Dodd, Ms.
Collins, Mr. Harkin, Mr. Domenici, Ms. Mikulski, Mr. Martinez, Mrs.
Murray, Mr. Smith, Mrs. Clinton, Ms. Snowe, Mr. Obama, Mr. Specter, Mr.
Sanders, Mr. Brown, Mr. Stevens, Mr. Lieberman, Mr. Sununu, and Mr.
Pryor) introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide collective bargaining rights for public safety officers
employed by States or their political subdivisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 2007''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating as
a team, to carry out the public safety mission in a quality
work environment. In many public safety agencies it is the
union that provides the institutional stability as elected
leaders and appointees come and go.
(2) State and local public safety officers play an
essential role in the efforts of the United States to detect,
prevent, and respond to terrorist attacks, and to respond to
natural disasters, hazardous materials, and other mass casualty
incidents. State and local public safety officers, as first
responders, are a component of our Nation's National Incident
Management System, developed by the Department of Homeland
Security to coordinate response to and recovery from terrorism,
major natural disasters, and other major emergencies. Public
safety employer-employee cooperation is essential in meeting
these needs and is, therefore, in the National interest.
(3) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and the representatives of their employees to reach
and maintain agreements concerning rates of pay, hours, 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 disputes.
(4) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of police and fire services
of local communities, the health and well-being of public
safety officers, and the morale of the fire and police
departments. Additionally, these factors could have significant
commercial repercussions. Moreover, 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 commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care, including
an emergency medical technician, paramedic, or first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, or political
subdivision of a State, that employs public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which represents
such employees before public safety agencies concerning
grievances, conditions of employment, and related matters.
(6) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
(7) 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 Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or influence
the policies of the employer.
(8) Person.--The term ``person'' means an individual or a
labor organization.
(9) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who
is a law enforcement officer, a firefighter, or an
emergency medical services personnel;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include a permanent supervisory or
management employee.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and any
territory or possession of the United States.
(11) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements of
this Act, specifically, the right to form and join a labor
organization, the right to bargain over wages, hours, and
conditions of employment, the right to sign an enforceable
contract, and availability of some form of mechanism to break
an impasse, such as arbitration, mediation, or fact-finding.
(12) 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 Act. If no
such State law is in effect, the term means an individual,
employed by a public safety employer, who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend,
discipline, or remove public safety officers, to adjust
their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely
routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a determination
as to whether a State substantially provides for the rights and
responsibilities described in subsection (b). In making such
determinations, the Authority shall consider and give weight,
to the maximum extent practicable, to the opinion of affected
parties.
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to
paragraph (1) shall remain in effect unless and until
the Authority issues a subsequent determination, in
accordance with the procedures set forth in
subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a
subsequent determination. If satisfied that a material
change in State law or its interpretation has occurred,
the Authority shall issue a subsequent determination
not later than 30 days after receipt of such request.
(3) Judicial review.--Any person or employer aggrieved by a
determination of the Authority under this section may, during
the 60-day period beginning on the date on which the
determination was made, 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 review. In any judicial review of a determination
by the Authority, the procedures contained in subsections (c)
and (d) of section 7123 of title 5, United States Code, shall
be followed.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider whether State
law provides rights and responsibilities comparable to or greater than
the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management
employees and supervisory employees, that is, or seeks to be,
recognized as the exclusive bargaining representative of such
employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Making available an interest impasse resolution
mechanism, such as fact-finding, mediation, arbitration, or
comparable procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections
provided by State law and enumerated in this section;
and
(B) any written contract or memorandum of
understanding.
(c) Failure To Meet Requirements.--
(1) In general.--If the Authority determines, acting
pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and
responsibilities described in subsection (b), such State shall
be subject to the regulations and procedures described in
section 5.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 2 years after the date of enactment of this Act.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations in accordance with
the rights and responsibilities described in section 4(b) establishing
collective bargaining procedures for employers and public safety
officers in States which the Authority has determined, acting pursuant
to section 4(a), do not substantially provide for such rights and
responsibilities.
(b) Role of the Federal Labor Relations Authority.--The Authority,
to the extent provided in this Act and in accordance with regulations
prescribed by the Authority, shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) 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 unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for the
District of Columbia Circuit, to enforce any final orders under
this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of section
7123 of title 5, United States Code.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph (1),
any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection (b),
and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by this
subsection 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 Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
(a) Prohibition.--An employer, public safety officer, or labor
organization may not engage in a lockout, sickout, work slowdown,
strike, or any other action that will measurably disrupt the delivery
of emergency services and is designed to compel an employer, public
safety officer, or labor organization to agree to the terms of a
proposed contract.
(b) Mandatory Terms and Conditions.--It shall not be a violation of
subsection (a) for a public safety officer or labor organization to
refuse to carry out services that are not required under the mandatory
terms and conditions of employment applicable to the public safety
officer or labor organization.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) and is in effect on the day before the date of
enactment of this Act shall not be invalidated by the enactment of this
Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to preempt or limit the remedies, rights, and
procedures of any law of any State or political subdivision of
any State or jurisdiction that provides greater or comparable
rights and responsibilities than the rights and
responsibilities described in section 4(b);
(2) 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 union
membership or payment of union fees as a condition of
employment;
(3) 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 4(b) 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 public safety agency involved;
(4) 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 4(b) solely because such
State law excludes from its coverage employees of a State
militia or national guard;
(5) to permit parties in States subject to the regulations
and procedures described in section 5 to negotiate provisions
that would prohibit an employee from engaging in part-time
employment or volunteer activities during off-duty hours;
(6) to prohibit a State from exempting from coverage under
this Act a political subdivision of the State that has a
population of less than 5,000 or that employs less than 25
full-time employees; or
(7) 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 4(b) solely because
such law does not require bargaining with respect to pension,
retirement, or health benefits.
For purposes of paragraph (6), the term ``employee'' includes each and
every individual employed by the political subdivision except any
individual elected by popular vote or appointed to serve on a board or
commission.
(b) Compliance.--
(1) 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 its 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 4(b).
(2) Actions of the authority.--Nothing in this Act or the
regulations promulgated under this Act shall be construed to
preempt--
(A) the laws or ordinances of any State or
political subdivision of a State, if such laws provide
collective bargaining rights for public safety officers
that are comparable to or greater than the rights
enumerated in section 4(b);
(B) the laws or ordinance of any State or political
subdivision of a State that provide for the rights and
responsibilities described in section 4(b) 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
Act; or
(C) the laws or ordinances of any State or
political subdivision of a State that provides for the
rights and responsibilities described in section 4(b),
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
understanding.
(3) Limited enforcement power.--In the case of a law
described in paragraph (2)(B), the Authority shall only
exercise the powers provided in section 5 with respect to those
categories of public safety officers who have not been afforded
the rights and responsibilities described in section 4(b).
(4) Exclusive enforcement provision.--Notwithstanding any
other provision of the Act, and in the absence of a waiver of a
State's sovereign immunity, the Authority shall have the
exclusive power to enforce the provisions of this Act with
respect to employees of a State or political subdivision of a
State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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