I
119THCONGRESS
1
STSESSION H. R. 1505
To provide collective bargaining rights for public safety officers employed
by States or their political subdivisions, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY21, 2025
Mr. S
TAUBER(for himself, Ms. BUDZINSKI, Mr. VANDREW, Mr. BOST, Mr.
G
OLDENof Maine, Ms. TITUS, Mr. KEAN, Ms. PETTERSEN, Ms. CRAIG,
and Ms. L
EEof Nevada) introduced the following bill; which was referred
to the Committee on Education and Workforce
A BILL
To provide collective bargaining rights for public safety offi-
cers employed by States or their political subdivisions,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Public Safety Em-4
ployer-Employee Cooperation Act’’. 5
SEC. 2. PURPOSE AND POLICY. 6
Congress declares that the following is the policy of 7
the United States: 8
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(1) Labor-management relationships and part-1
nerships are based on trust, mutual respect, open 2
communication, bilateral consensual problem solving, 3
and shared accountability. Labor-management co-4
operation fully utilizes the strengths of both parties 5
to best serve the interests of the public, operating as 6
a team, to carry out the public safety mission in a 7
quality work environment. In many public safety 8
agencies, it is the union that provides the institu-9
tional stability as elected leaders and appointees 10
come and go. 11
(2) State and local public safety officers play an 12
essential role in the efforts of the United States to 13
detect, prevent, and respond to terrorist attacks, and 14
to respond to natural disasters, hazardous materials, 15
and other mass casualty incidents. State and local 16
public safety officers, as first responders, are a com-17
ponent of the National Incident Management Sys-18
tem, developed by the Department of Homeland Se-19
curity to coordinate response to and recovery from 20
terrorism, major natural disasters, and other major 21
emergencies. Public safety employer-employee co-22
operation is essential in meeting these needs and is, 23
therefore, in the national interest. 24
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(3) The Federal Government needs to encour-1
age conciliation, mediation, and arbitration to aid 2
and encourage employers and the representatives of 3
their employees to reach and maintain agreements 4
concerning rates of pay, hours, and working condi-5
tions, and to make all reasonable efforts through ne-6
gotiations to settle their differences by mutual agree-7
ment reached through collective bargaining or by 8
such methods as may be provided for in any applica-9
ble agreement for the settlement of disputes. 10
(4) The absence of adequate cooperation be-11
tween public safety employers and employees has im-12
plications for the security of employees and can af-13
fect interstate and intrastate commerce. The lack of 14
such labor-management cooperation can detrimen-15
tally impact the upgrading of law enforcement, fire, 16
and emergency medical services of local commu-17
nities, the health and well-being of public safety offi-18
cers, and the morale of law enforcement, fire, and 19
EMS departments. Additionally, these factors could 20
have significant commercial repercussions. Moreover, 21
providing minimal standards for collective bar-22
gaining negotiations in the public safety sector can 23
prevent industrial strife between labor and manage-24
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ment that interferes with the normal flow of com-1
merce. 2
(5) Many States and localities already provide 3
public safety officers with collective bargaining 4
rights comparable to or greater than the rights and 5
responsibilities set forth in this Act, and such State 6
and local laws should be respected. 7
SEC. 3. DEFINITIONS. 8
In this Act: 9
(1) A
UTHORITY.—The term ‘‘Authority’’ means 10
the Federal Labor Relations Authority. 11
(2) C
ONFIDENTIAL EMPLOYEE .—The term 12
‘‘confidential employee’’ has the meaning given such 13
term under applicable State law on the date of en-14
actment of this Act. If no such State law is in effect, 15
the term means an individual, employed by a public 16
safety employer, who— 17
(A) is designated as confidential; and 18
(B) is an individual who routinely assists, 19
in a confidential capacity, supervisory employ-20
ees and management employees. 21
(3) E
MERGENCY MEDICAL SERVICES PER -22
SONNEL.—The term ‘‘emergency medical services 23
personnel’’ means an individual who provides out-of- 24
hospital emergency medical care, including an emer-25
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gency medical technician, paramedic, or first re-1
sponder. 2
(4) E
MPLOYER; PUBLIC SAFETY AGENCY ; PUB-3
LIC SAFETY EMPLOYER .—The terms ‘‘employer’’, 4
‘‘public safety agency’’, and ‘‘public safety em-5
ployer’’ mean any State, or political subdivision of a 6
State, that employs public safety officers. 7
(5) F
IREFIGHTER.—The term ‘‘firefighter’’ has 8
the meaning given the term ‘‘employee engaged in 9
fire protection activities’’ in section 3(y) of the Fair 10
Labor Standards Act of 1938 (29 U.S.C. 203(y)). 11
(6) L
ABOR ORGANIZATION .—The term ‘‘labor 12
organization’’ means an organization of any kind, in 13
which employees participate and which exists for the 14
purpose, in whole or in part, of dealing with employ-15
ers concerning grievances, conditions of employment, 16
and related matters. 17
(7) L
AW ENFORCEMENT OFFICER .—The term 18
‘‘law enforcement officer’’ has the meaning given 19
such term in section 1204 of the Omnibus Crime 20
Control and Safe Streets Act of 1968 (34 U.S.C. 21
10284(6)). 22
(8) M
ANAGEMENT EMPLOYEE .—The term 23
‘‘management employee’’ has the meaning given 24
such term under applicable State law in effect on 25
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the date of enactment of this Act. If no such State 1
law is in effect, the term means an individual em-2
ployed by a public safety employer in a position that 3
requires or authorizes the individual to formulate, 4
determine, or influence the policies of the employer. 5
(9) P
ERSON.—The term ‘‘person’’ means an in-6
dividual or a labor organization. 7
(10) P
UBLIC SAFETY OFFICER .—The term 8
‘‘public safety officer’’— 9
(A) means an employee of a public safety 10
agency who is a law enforcement officer, a fire-11
fighter, or an emergency medical services per-12
sonnel; 13
(B) includes an individual who is tempo-14
rarily transferred to a supervisory or manage-15
ment position; and 16
(C) does not include a permanent super-17
visory, management, or confidential employee. 18
(11) S
TATE.—The term ‘‘State’’ means each of 19
the several States of the United States, the District 20
of Columbia, and any territory or possession of the 21
United States. 22
(12) S
UBSTANTIALLY PROVIDES .—The term 23
‘‘substantially provides’’, when used with respect to 24
the rights and responsibilities described in section 25
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4(b), means comparable to or greater than each 1
right and responsibility described in such section. 2
(13) S
UPERVISORY EMPLOYEE .—The term ‘‘su-3
pervisory employee’’ has the meaning given such 4
term under applicable State law in effect on the date 5
of enactment of this Act. If no such State law is in 6
effect, the term means an individual, employed by a 7
public safety employer, who— 8
(A) has the authority in the interest of the 9
employer to hire, direct, assign, promote, re-10
ward, transfer, furlough, lay off, recall, sus-11
pend, discipline, or remove public safety offi-12
cers, to adjust their grievances, or to effectively 13
recommend such action, if the exercise of the 14
authority is not merely routine or clerical in na-15
ture but requires the consistent exercise of 16
independent judgment; and 17
(B) devotes a majority of time at work to 18
exercising such authority. 19
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL-20
ITIES. 21
(a) D
ETERMINATION.— 22
(1) I
N GENERAL.—Not later than 180 days 23
after the date of enactment of this Act, the Author-24
ity shall make a determination as to whether a State 25
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substantially provides for the rights and responsibil-1
ities described in subsection (b). 2
(2) C
ONSIDERATION OF ADDITIONAL OPIN -3
IONS.—In making the determination described in 4
paragraph (1), the Authority shall consider the opin-5
ions of affected employers and labor organizations. 6
In the case where the Authority is notified by an af-7
fected employer and labor organization that both 8
parties agree that the law applicable to such em-9
ployer and labor organization substantially provides 10
for the rights and responsibilities described in sub-11
section (b), the Authority shall give such agreement 12
weight to the maximum extent practicable in making 13
the Authority’s determination under this subsection. 14
(3) L
IMITED CRITERIA.—In making the deter-15
mination described in paragraph (1), the Authority 16
shall be limited to the application of the criteria de-17
scribed in subsection (b) and shall not require any 18
additional criteria. 19
(4) S
UBSEQUENT DETERMINATIONS .— 20
(A) I
N GENERAL.—A determination made 21
pursuant to paragraph (1) shall remain in ef-22
fect unless and until the Authority issues a sub-23
sequent determination, in accordance with the 24
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procedures set forth in subparagraph (B) of 1
this section. 2
(B) P
ROCEDURES FOR SUBSEQUENT DE -3
TERMINATIONS.—Upon establishing that a ma-4
terial change in State law or its interpretation 5
has occurred, an employer or a labor organiza-6
tion may submit a written request for a subse-7
quent determination. If satisfied that a material 8
change in State law or its interpretation has oc-9
curred, the Authority shall issue a subsequent 10
determination not later than 30 days after re-11
ceipt of such request. 12
(5) J
UDICIAL REVIEW.—Any person or em-13
ployer aggrieved by a determination of the Authority 14
under this section may, during the 60-day period be-15
ginning on the date on which the determination was 16
made, petition any United States Court of Appeals 17
in the circuit in which the person or employer re-18
sides or transacts business or in the District of Co-19
lumbia Circuit, for judicial review. 20
(b) R
IGHTS ANDRESPONSIBILITIES.—In making a 21
determination described in subsection (a), the Authority 22
shall consider a State’s law to substantially provide the 23
required rights and responsibilities unless such law fails 24
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to provide rights and responsibilities comparable to or 1
greater than the following: 2
(1) Granting public safety officers the right to 3
form and join a labor organization, which may ex-4
clude management employees, supervisory employ-5
ees, and confidential employees, that is, or seeks to 6
be, recognized as the exclusive bargaining represent-7
ative of such employees. 8
(2) Requiring public safety employers to recog-9
nize the employees’ labor organization (freely chosen 10
by a majority of the employees), to agree to bargain 11
with the labor organization, and to commit any 12
agreements to writing in a contract or memorandum 13
of understanding. 14
(3) Providing for the right to bargain over 15
hours, wages, and terms and conditions of employ-16
ment. 17
(4) Providing for binding interest arbitration as 18
a mechanism to resolve an impasse in collective bar-19
gaining negotiations. 20
(5) Requiring enforcement of all rights, respon-21
sibilities, and protections enumerated in this section, 22
and of any written contract or memorandum of un-23
derstanding between a labor organization and a pub-24
lic safety employer, through— 25
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(A) a State administrative agency, if the 1
State so chooses; and/or 2
(B) any court of competent jurisdiction. 3
(c) C
OMPLIANCEWITHREQUIREMENTS.—If the Au-4
thority determines, acting pursuant to its authority under 5
subsection (a), that a State substantially provides rights 6
and responsibilities described in subsection (b), then this 7
Act shall not preempt State law. 8
(d) F
AILURETOMEETREQUIREMENTS.— 9
(1) I
N GENERAL.—If the Authority determines, 10
acting pursuant to its authority under subsection 11
(a), that a State does not substantially provide for 12
the rights and responsibilities described in sub-13
section (b), then such State shall be subject to the 14
regulations and procedures described in section 5 be-15
ginning on the later of— 16
(A) the date that is 2 years after the date 17
of enactment of this Act; 18
(B) the date that is the last day of the 19
first regular session of the legislature of the 20
State that begins after the date the Authority 21
makes a determination under subsection (a)(1); 22
or 23
(C) in the case of a State receiving a sub-24
sequent determination under subsection (a)(4), 25
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the date that is the last day of the first regular 1
session of the legislature of the State that be-2
gins after the date the Authority made the de-3
termination. 4
(2) P
ARTIAL FAILURE.—If the Authority makes 5
a determination that a State does not substantially 6
provide for the rights and responsibilities described 7
in subsection (b) solely because the State law sub-8
stantially provides for such rights and responsibil-9
ities for certain categories of public safety officers 10
covered by the Act but not others, the Authority 11
shall identify those categories of public safety offi-12
cers that shall be subject to the regulations and pro-13
cedures described in section 5, pursuant to section 14
8(b)(3) and beginning on the appropriate date de-15
scribed in paragraph (1), and those categories of 16
public safety officers that shall remain solely subject 17
to State law with respect to the rights and respon-18
sibilities described in subsection (b). 19
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. 20
(a) I
NGENERAL.—Not later than 1 year after the 21
date of enactment of this Act, the Authority shall issue 22
regulations, in accordance with the rights and responsibil-23
ities described in section 4(b), establishing collective bar-24
gaining procedures for employers and public safety officers 25
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in States where the Authority has determined, acting pur-1
suant to section 4(a), do not substantially provide for such 2
rights and responsibilities. 3
(b) R
OLE OF THEFEDERALLABORRELATIONSAU-4
THORITY.—The Authority, to the extent provided in this 5
Act and in accordance with regulations prescribed by the 6
Authority, shall— 7
(1) determine the appropriateness of units for 8
labor organization representation; 9
(2) supervise or conduct elections to determine 10
whether a labor organization has been selected as an 11
exclusive representative by a voting majority of the 12
employees in an appropriate unit; 13
(3) resolve issues relating to the duty to bar-14
gain in good faith; 15
(4) conduct hearings and resolve complaints of 16
unfair labor practices; 17
(5) resolve exceptions to the awards of arbitra-18
tors; 19
(6) protect the right of each employee to form, 20
join, or assist any labor organization, or to refrain 21
from any such activity, freely and without fear of 22
penalty or reprisal, and protect each employee in the 23
exercise of such right; and 24
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(7) take such other actions as are necessary 1
and appropriate to effectively administer this Act, 2
including issuing subpoenas requiring the attendance 3
and testimony of witnesses and the production of 4
documentary or other evidence from any place in the 5
United States, and administering oaths, taking or 6
ordering the taking of depositions, ordering re-7
sponses to written interrogatories, and receiving and 8
examining witnesses. 9
(c) E
NFORCEMENT.— 10
(1) A
UTHORITY TO PETITION COURT .—The Au-11
thority may petition any United States Court of Ap-12
peals with jurisdiction over the parties, or the 13
United States Court of Appeals for the District of 14
Columbia Circuit, to enforce any final orders under 15
this section, and for appropriate temporary relief or 16
a restraining order. 17
(2) P
RIVATE RIGHT OF ACTION .—Unless the 18
Authority has filed a petition for enforcement as 19
provided in paragraph (1), any party has the right 20
to file suit in any appropriate district court of the 21
United States to enforce compliance with the regula-22
tions issued by the Authority pursuant to this sec-23
tion, or to enforce compliance with any order issued 24
by the Authority pursuant to this section. The right 25
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provided by this subsection to bring a suit to enforce 1
compliance with any order issued by the Authority 2
pursuant to this section shall terminate upon the fil-3
ing of a petition seeking the same relief by the Au-4
thority. Enforcement against a State shall be pursu-5
ant to section 8(b)(4). 6
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 7
(a) I
NGENERAL.—Subject to subsection (b), an em-8
ployer, public safety officer, or labor organization may not 9
engage in a lockout, sickout, work slowdown, strike, or any 10
other organized job action that will measurably disrupt the 11
delivery of emergency services and is designed to compel 12
an employer, public safety officer, or labor organization 13
to agree to the terms of a proposed contract. 14
(b) N
OPREEMPTION.—Nothing in this section shall 15
be construed to preempt any law of any State or political 16
subdivision of any State with respect to strikes by public 17
safety officers. 18
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 19
AGREEMENTS. 20
A certification, recognition, election-held, collective 21
bargaining agreement, or memorandum of understanding 22
that has been issued, approved, or ratified by any public 23
employee relations board or commission or by any State 24
or political subdivision or its agents and is in effect on 25
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the day before the date of enactment of this Act shall not 1
be invalidated by the enactment of this Act. 2
SEC. 8. CONSTRUCTION AND COMPLIANCE. 3
(a) C
ONSTRUCTION.—Nothing in this Act shall be 4
construed— 5
(1) to preempt or limit the remedies, rights, 6
and procedures of any law of any State or political 7
subdivision of any State that provides comparable or 8
greater rights and responsibilities than the rights 9
and responsibilities described in section 4(b); 10
(2) to prevent a State from enforcing a right- 11
to-work law that prohibits employers and labor orga-12
nizations from negotiating provisions in a labor 13
agreement that require union membership or pay-14
ment of union fees as a condition of employment; 15
(3) to preempt or limit any State law in effect 16
on the date of enactment of this Act that provides 17
for the rights and responsibilities described in sec-18
tion 4(b) solely because such State law permits an 19
employee to appear on the employee’s own behalf 20
with respect to the employee’s employment relations 21
with the public safety agency involved; 22
(4) to prohibit a State from exempting from 23
coverage under this Act a political subdivision of the 24
State that has a population of less than 5,000 or 25
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that employs less than 25 full-time employees, in-1
cluding each individual employed by the political 2
subdivision, except any individual elected by popular 3
vote or appointed to serve on a board or commission; 4
or 5
(5) to preempt or limit the laws or ordinances 6
of any State or political subdivision of a State that 7
provide for the rights and responsibilities described 8
in section 4(b) solely because such law or ordinance 9
does not require bargaining with respect to pension, 10
retirement, or health benefits. 11
(b) C
OMPLIANCE.— 12
(1) A
CTIONS OF STATES.—Nothing in this Act 13
or the regulations promulgated under this Act shall 14
be construed to require a State to rescind or pre-15
empt the laws or ordinances of any of the State’s 16
political subdivisions if such laws provide rights and 17
responsibilities for public safety officers that are 18
comparable to or greater than the rights and respon-19
sibilities described in section 4(b). 20
(2) A
CTIONS OF THE AUTHORITY .—Nothing in 21
this Act or the regulations promulgated under this 22
Act shall be construed to preempt— 23
(A) the laws or ordinances of any State or 24
political subdivision of a State, if such laws pro-25
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vide collective bargaining rights for public safe-1
ty officers that are comparable to or greater 2
than the rights enumerated in section 4(b); 3
(B) the laws or ordinances of any State or 4
political subdivision of a State that provide for 5
the rights and responsibilities described in sec-6
tion 4(b) with respect to certain categories of 7
public safety officers covered by this Act solely 8
because such rights and responsibilities have 9
not been extended to other categories of public 10
safety officers covered by this Act; or 11
(C) the laws or ordinances of any State or 12
political subdivision of a State that provide for 13
the rights and responsibilities described in sec-14
tion 4(b), solely because such laws or ordi-15
nances provide that a contract or memorandum 16
of understanding between a public safety em-17
ployer and a labor organization must be pre-18
sented to a legislative body as part of the proc-19
ess for approving such contract or memo-20
randum of understanding. 21
(3) L
IMITED ENFORCEMENT POWER .—In the 22
case of a law described in paragraph (2)(B), the Au-23
thority shall only exercise the powers provided in 24
section 5 with respect to those categories of public 25
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safety officers who have not been afforded the rights 1
and responsibilities described in section 4(b). 2
(4) E
XCLUSIVE ENFORCEMENT PROVISION .— 3
Notwithstanding any other provision of the Act, and 4
in the absence of a waiver of a State’s sovereign im-5
munity, the Authority shall have the exclusive power 6
to enforce the provisions of this Act with respect to 7
employees of a State. 8
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 9
There are authorized to be appropriated such sums 10
as may be necessary to carry out the provisions of this 11
Act. 12
Æ
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