What does Preamble of Public Safety Employer-Employee Cooperation Act do?

This bill, formally titled 'To provide collective bargaining rights for public safety officers employed by States or their political subdivisions, and for other purposes,' aims to establish collective bargaining rights for public safety officers. The bill is introduced by Mr. Hickenlooper, along with Ms. Hassan.

What does SHORT TITLE. of Public Safety Employer-Employee Cooperation Act do?

This bill is formally titled the Public Safety Employer-Employee Cooperation Act.

What does PURPOSE AND POLICY. of Public Safety Employer-Employee Cooperation Act do?

This section establishes the policy of the United States regarding labor-management relationships in the public safety sector. It emphasizes the importance of trust, mutual respect, and cooperation between public safety employers and employees. The text recognizes the essential role of state and local public safety officers in national security and disaster response. The Federal Government is encouraged to promote conciliation, mediation, and arbitration to facilitate agreements on working conditions. The absence of adequate cooperation is identified as having implications for employee security, commerce, and the quality of public safety services. The section acknowledges that many states and localities already provide public safety officers with collective bargaining rights and that these laws should be respected.

What does DEFINITIONS. of Public Safety Employer-Employee Cooperation Act do?

This section defines key terms used throughout the Act. The term 'Authority' refers to the Federal Labor Relations Authority. A 'confidential employee' is defined by applicable state law or, if none exists, as an individual assisting supervisory or management employees in a confidential capacity. An 'emergency medical services employee' is defined as someone providing out-of-hospital emergency medical care. The definition of 'employ' is derived from the Fair Labor Standards Act. A 'firefighter' is defined according to the Fair Labor Standards Act. A 'labor organization' is defined as an organization of public safety officers dealing with employers regarding grievances and conditions of employment. The definition of 'law enforcement officer' is taken from the Omnibus Crime Control and Safe Streets Act. A 'management employee' is defined by state law or, lacking that, as someone who influences employer policies. A 'public safety employer' is defined as a state or political subdivision employing public safety officers and is considered engaged in commerce. A 'public safety officer' includes law enforcement officers, firefighters, and emergency medical services employees, but generally excludes supervisory, management, and confidential employees. The term 'substantially provides' means providing rights and responsibilities comparable to or greater than those described in section 4(b). A 'supervisory employee' is defined by state law or, if absent, as someone with authority to hire, direct, or discipline public safety officers, exercising independent judgment. An 'unfair labor practice' is defined by referencing section 7116 of title 5, United States Code, with specific substitutions for terms like 'employee' and 'agency'.

What does DETERMINATION OF RIGHTS AND RESPONSIBILITIES. of Public Safety Employer-Employee Cooperation Act do?

This section establishes a process for the Authority to determine whether each state substantially provides for specific rights and responsibilities of public safety officers. The Authority must make an initial determination within 180 days of the Act's enactment, considering opinions from employers and labor organizations. Subsequent determinations can be requested if a material change in state law occurs, with the Authority issuing a new determination within 30 days of the request. The Authority cannot determine a state is not in compliance if its laws permit employees to represent themselves, do not apply to political subdivisions below a certain size, or do not require bargaining for pension, retirement, or health benefits. If a state is found to substantially provide these rights and responsibilities, federal preemption does not apply. If a state is found to not substantially provide these rights and responsibilities, it will be subject to regulations and procedures outlined in section 5, beginning two years after enactment or after the state legislature's first regular session following the determination. If a state partially meets the requirements, the Authority will identify which categories of public safety officers are subject to federal regulations and which remain under state law.

What does ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. of Public Safety Employer-Employee Cooperation Act do?

This section outlines the role of the Federal Labor Relations Authority (Authority) regarding collective bargaining procedures for public safety employers and officers. The Authority must issue regulations within one year of the Act's enactment, aligning with standards described in sections 4(b) and 4(d). The Authority's responsibilities include determining unit appropriateness, supervising elections, resolving bargaining disputes, handling unfair labor practice complaints, and resolving arbitrator exceptions. The Authority is tasked with protecting employee rights to form, join, or assist labor organizations. The Authority can take actions necessary to administer the Act, including issuing subpoenas. The Authority may petition a United States Court of Appeals to enforce final orders. A private right of action exists for parties to file suit in district court to enforce regulations or orders issued by the Authority, unless the Authority has already filed for enforcement.

What does STRIKES AND LOCKOUTS PROHIBITED. of Public Safety Employer-Employee Cooperation Act do?

This section prohibits public safety employers, public safety officers, and labor organizations from engaging in certain job actions. Specifically, lockouts, sickouts, work slowdowns, and strikes are prohibited if they measurably disrupt emergency services and are intended to force agreement on a contract. This section does not preempt state or local laws regarding strikes by public safety officers.

What does EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. of Public Safety Employer-Employee Cooperation Act do?

This section states that the enactment of this Act will not invalidate existing certifications, recognitions, 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, or political subdivision. The agreements must be in effect on the day before the enactment of this Act.

What does CONSTRUCTION AND COMPLIANCE. of Public Safety Employer-Employee Cooperation Act do?

This section clarifies the construction and compliance aspects of the Act. The Act does not preempt or limit state or political subdivision laws that provide comparable or greater rights and responsibilities than those described in section 4(b). States are not required to rescind or preempt their laws or ordinances regarding public safety officers' rights if they provide comparable or greater rights than section 4(b). The Act does not preempt state laws providing collective bargaining rights for public safety officers that are comparable to those in section 4(b). The Authority's enforcement power is limited when a state law provides rights and responsibilities described in section 4(b) to some public safety officers but not others. The Authority has exclusive power to enforce the Act with respect to state employees, absent a waiver of the state's sovereign immunity.

What does AUTHORIZATION OF APPROPRIATIONS. of Public Safety Employer-Employee Cooperation Act do?

This section authorizes appropriations for carrying out the Act.

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Public Safety Employer-Employee Cooperation Act

Last updated: 2/19/2025 · Introduced: 2/19/2025

Author: John Hickenlooper (D-CO)

TL;DR (AI)

This bill establishes a framework for collective bargaining rights for public safety officers (law enforcement, firefighters, and emergency medical services personnel) employed by state or local governments.
The Federal Labor Relations Authority (Authority) will determine whether each state substantially provides for public safety officers' rights and responsibilities, with states found lacking subject to federal regulations.
The bill prohibits strikes, lockouts, work slowdowns, and sickouts by public safety officers if they measurably disrupt emergency services and are intended to force contract agreement.
Existing collective bargaining agreements and certifications in states that already provide public safety officers with bargaining rights will remain valid.
The Act does not preempt state laws that provide comparable or greater rights and responsibilities to public safety officers than those outlined in the bill.

119th Congressin committeeOfficial page

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

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