What does Preamble of Public Service Freedom to Negotiate Act of 2025 do?

This bill, formally titled H.R. 2736, aims to secure the rights of public employees to organize, act concertedly, and bargain collectively. The bill states that these actions safeguard the public interest and promote the free and unobstructed flow of commerce. The bill was introduced in the House of Representatives on April 8, 2025, and referred to the Committee on Education and Workforce.

What does SHORT TITLE. of Public Service Freedom to Negotiate Act of 2025 do?

This bill is formally titled the Public Service Freedom to Negotiate Act of 2025.

What does DEFINITIONS. of Public Service Freedom to Negotiate Act of 2025 do?

This section defines key terms used throughout the Act. “Appropriate unit” refers to a group of public employees sharing a community of interest, considering factors like bargaining history and employee desires. “Collective bargaining” is defined as a mutual obligation between a public employer and an exclusive representative to meet and bargain in good faith regarding terms and conditions of employment. “Confidential employee” is someone who acts in a confidential capacity with respect to management policies. “Emergency services employee” includes those providing out-of-hospital emergency medical care or responding to emergencies with potential for serious injury. “Public employee” includes individuals employed by a public employer engaged in commerce, excluding supervisory, management, confidential, and elected officials. “Public employer” is an entity employing at least one individual engaged in commerce, such as a state or political subdivision. “Supervisory employee” is defined by their authority to hire, promote, or discipline employees, requiring independent judgment and a majority of their work time.

What does FEDERAL MINIMUM STANDARDS. of Public Service Freedom to Negotiate Act of 2025 do?

This section establishes federal minimum standards for public employee collective bargaining rights and procedures. The Authority is tasked with determining whether each state's laws substantially provide for these rights and procedures, within 180 days of the Act's enactment. The Authority must consider opinions from affected public employees, supervisors, labor organizations, and public employers in making its determination. Subsequent determinations can be requested if a material change in state law occurs. Any aggrieved party can seek judicial review of the Authority's determination. If a state's laws substantially provide for the federal minimum standards, this Act will not preempt those state laws. If a state fails to substantially provide for the federal minimum standards, the state will be subject to the Authority's rules and activities under section 4, beginning two years after enactment or after the state's legislative session.

What does MINIMUM STANDARDS ADMINISTERED BY THE FEDERAL LABOR RELATIONS of Public Service Freedom to Negotiate Act of 2025 do?

This section establishes the Federal Labor Relations Authority (Authority) as responsible for administering collective bargaining rights and procedures. The Authority must issue rules within one year of the Act's enactment to establish these standards, based on section 3(b) for States described in section 3(d). The Authority's duties include supervising elections for labor organizations, determining unit appropriateness, resolving complaints, and resolving exceptions to arbitrator awards. The Authority has the power to issue orders directing compliance with the Act and petition courts for enforcement. Individuals can file civil actions against State administrators if the Authority has not already issued an enforcement order, after a 180-day period following a charge filing. District courts have jurisdiction over civil actions filed under this section, and may award reasonable attorneys' fees.

What does LOCKOUTS AND EMPLOYEE STRIKES PROHIBITED WHEN EMERGENCY OR of Public Service Freedom to Negotiate Act of 2025 do?

This section prohibits lockouts, strikes, and other organized job actions that could disrupt emergency or public safety services. The prohibition applies to employers, emergency services employees, and law enforcement officers operating under the Authority's rules (as defined in section 4). Labor organizations are also prohibited from causing or attempting to cause violations of this section. This section does not preempt state or local laws regarding strikes by emergency services employees or law enforcement officers.

What does EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. of Public Service Freedom to Negotiate Act of 2025 do?

This section addresses existing collective bargaining units and agreements. The enactment of this Act does not invalidate certifications, recognition, election results, collective bargaining agreements, or memorandums of understanding. These agreements must have been issued, approved, or ratified by a public employee relations board, commission, state, political subdivision, or an agent/official thereof. The agreements must also be in effect on the day before the date of enactment of this Act.

What does EXCEPTIONS. of Public Service Freedom to Negotiate Act of 2025 do?

This section outlines exceptions to the Authority's determination regarding whether state laws substantially provide for public employee rights and procedures. The Authority cannot base its determination on state laws that permit public employees to represent themselves, exclude state militia or national guard employees, or don't apply to small political subdivisions. Political subdivisions with fewer than 5,000 residents or 25 employees may be exempt if the state notifies the Authority. The Authority cannot base its determination on state laws that don't require bargaining over pension or retirement benefits. The Act prevents states from being required to rescind laws of political subdivisions that substantially provide for the described rights and procedures. The District of Columbia is protected from requirements to rescind specific sections of its Government Comprehensive Merit Personnel Act or to have its powers limited under the District of Columbia Home Rule Act. The Authority cannot preempt state laws that substantially provide for the described rights and procedures, even if they require legislative approval of contracts or recognize labor organizations based on signed authorizations. The Authority's enforcement power is limited to categories of employees where state law doesn't substantially provide the required rights and procedures.

What does SEVERABILITY. of Public Service Freedom to Negotiate Act of 2025 do?

This section establishes a severability clause. If a portion of the Act is deemed invalid, the remaining provisions remain in effect. The application of a provision to other persons or circumstances is not affected by a finding of invalidity.

What does AUTHORIZATION OF APPROPRIATIONS. of Public Service Freedom to Negotiate Act of 2025 do?

This section authorizes appropriations for carrying out the Act.

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Public Service Freedom to Negotiate Act of 2025

Last updated: 4/8/2025 · Introduced: 4/8/2025

Author: Donald Norcross (D-NJ)

TL;DR (AI)

This bill establishes federal minimum standards for public employees' rights to organize, act collectively, and bargain with their employers.
The Federal Labor Relations Authority (Authority) will determine if each state's laws adequately protect these rights, and states failing to meet these standards will be subject to the Authority's rules.
The bill prohibits lockouts, strikes, and job actions that could disrupt emergency or public safety services.
Existing collective bargaining units and agreements that were previously approved by relevant state entities will remain valid despite the enactment of this Act.
The bill authorizes appropriations to fund the implementation and enforcement of these new federal standards.

119th Congressin committeeS. 1352(In Committee)Official page

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Includes provisions on preamble, short title., and 8 more.

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