[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8426 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8426
To secure the rights of public employees to organize, act concertedly,
and bargain collectively, which safeguard the public interest and
promote the free and unobstructed flow of commerce, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2024
Mr. Cartwright (for himself, Mr. Fitzpatrick, Mr. Horsford, Mr. Pocan,
Mr. Norcross, Mrs. Dingell, Mr. Allred, Mr. Bacon, Mr. Beyer, Ms. Blunt
Rochester, Ms. Bonamici, Mr. Boyle of Pennsylvania, Ms. Brownley, Ms.
Budzinski, Mr. Carbajal, Mr. Carson, Mr. Casar, Mrs. Chavez-DeRemer,
Mrs. Cherfilus-McCormick, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Ms.
Craig, Mr. Davis of Illinois, Ms. DeLauro, Mr. Deluzio, Ms. Eshoo, Mr.
Evans, Mr. Foster, Mr. Garamendi, Mr. Garcia of Illinois, Mr. Robert
Garcia of California, Mr. Goldman of New York, Mr. Gottheimer, Mrs.
Hayes, Ms. Houlahan, Mr. Hoyer, Ms. Hoyle of Oregon, Mr. Ivey, Mr.
Kildee, Mr. Krishnamoorthi, Mr. Landsman, Mr. Larsen of Washington, Mr.
Lawler, Mr. Lynch, Mrs. McBath, Ms. McCollum, Mr. McGarvey, Mr.
Molinaro, Mr. Moulton, Mr. Mrvan, Mr. Mullin, Mr. Nadler, Ms. Norton,
Ms. Omar, Mr. Panetta, Ms. Perez, Mr. Peters, Mr. Phillips, Ms.
Pingree, Ms. Porter, Ms. Ross, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon,
Ms. Schakowsky, Mr. Sherman, Ms. Sherrill, Ms. Slotkin, Ms. Stansbury,
Ms. Stevens, Mr. Swalwell, Mr. Takano, Ms. Tokuda, Mr. Tonko, Mr.
Torres of New York, Mr. Trone, Mr. Veasey, Ms. Velazquez, Ms. Wasserman
Schultz, Mrs. Watson Coleman, Ms. Wild, Ms. Williams of Georgia, Ms.
Wilson of Florida, Mr. Frost, Mr. Pascrell, and Mr. Thompson of
Mississippi) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To secure the rights of public employees to organize, act concertedly,
and bargain collectively, which safeguard the public interest and
promote the free and unobstructed flow of commerce, and for other
purposes.
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 Service Freedom to Negotiate
Act of 2024''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Appropriate unit.--The term ``appropriate unit'' means
a group of public employees or a group of supervisory employees
appropriate for collective bargaining that share a community of
interest, as demonstrated by factors including whether such
group--
(A) has a bargaining history or history of prior
organization; and
(B) reflects the desires of the employees who are
seeking or proposing representation by a labor
organization regarding the employees to be included in
such bargaining unit.
(2) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(3) Collective bargaining.--The term ``collective
bargaining'', used with respect to public employees,
supervisory employees, and public employers, means the
performance of the mutual obligation of the representative of a
public employer and the exclusive representative of an
appropriate unit of public and supervisory employees of the
employer to meet at reasonable times and to consult and bargain
in a good-faith effort to reach agreement with respect to
wages, hours, and other terms and conditions of employment
affecting such employees and to execute a written document
incorporating any collective bargaining agreement reached, but
the obligation referred to in this paragraph does not compel
either party to agree to a proposal or to make a concession (as
described in section 8(d) of the National Labor Relations Act
(29 U.S.C. 158(d))).
(4) Confidential employee.--The term ``confidential
employee'' means an employee of a public employer who acts in a
confidential capacity with respect to an individual who
formulates or effectuates management policies in the field of
labor-management relations.
(5) Covered person.--The term ``covered person'' means an
individual or a labor organization.
(6) Emergency services employee.--The term ``emergency
services employee'' means--
(A) a public employee providing out-of-hospital
emergency medical care, including an emergency medical
technician, paramedic, or first responder; or
(B) a public employee providing other services in
response to emergencies that have the potential to
cause death or serious bodily injury, including an
employee in fire protection activities (as defined in
section 3(y) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(y))).
(7) Labor organization.--The term ``labor organization''
means any organization of any kind that is not under the
control directly or indirectly by a public employer in which
such employees participate and which exists for the purpose, in
whole or in part, of dealing with public employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.
(8) Law.--The term ``law'', used with respect to a State or
a political subdivision thereof, includes the application of
the laws of such State or such political subdivision, including
any regulations or ordinances issued by such State or such
political subdivision.
(9) 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 (34
U.S.C. 10284).
(10) Management employee.--The term ``management employee''
means an individual employed by a public employer in a position
the duties and responsibilities of which require the individual
to formulate or determine the policies of the public employer.
(11) Public employee.--The term ``public employee''--
(A) means an individual, employed by a public
employer, who in any workweek is engaged in commerce or
is employed in an enterprise engaged in commerce;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include--
(i) a supervisory employee;
(ii) a management employee;
(iii) a confidential employee; or
(iv) an elected official.
(12) Public employer.--The term ``public employer'' means
an entity that--
(A) employs not less than 1 individual;
(B) is engaged in commerce; and
(C) is either--
(i) a State or the political subdivision of
a State; or
(ii) any authority, agency, school
district, board or other entity controlled and
operated by an entity described in clause (i).
(13) Substantially provides.--The term ``substantially
provides'', used with respect to the rights and procedures
described in section 3(b), means providing rights and
procedures that are equivalent to or greater than each of the
rights and procedures described in such section.
(14) Supervisory employee.--The term ``supervisory
employee'' means an individual, employed by a public employer,
who in any workweek is engaged in commerce or is employed in an
enterprise engaged in commerce and who--
(A) has the authority in the interest of the
employer, if the exercise of such authority is not
merely routine or clerical in nature but requires the
consistent exercise of independent judgment, to--
(i) hire, promote, reward, transfer,
furlough, lay off, recall, suspend, discipline,
or remove public employees;
(ii) adjust the grievances of public
employees; or
(iii) effectively recommend any action
described in clause (i) or (ii); and
(B) devotes a majority of time at work to
exercising the authority under subparagraph (A).
(b) Fair Labor Standards Act of 1938 Terms.--The terms
``commerce'', ``employ'', ``enterprise engaged in commerce'', and
``State'' have the meanings given such terms in section 3 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203).
(c) State Law.--If any term defined in this section has a
substantially equivalent meaning to a term (or a substantially
equivalent term) under applicable State law on the date of the
enactment of this Act, such term (or substantially equivalent term) and
meaning under such applicable State law shall apply with respect to the
term defined under this Act with respect to such State.
SEC. 3. FEDERAL MINIMUM STANDARDS.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act (except as provided in paragraph (4)(C)),
the Authority shall make a determination for each State as to
whether the laws of such State substantially provide for each
of the rights and procedures under subsection (b) and not later
than 30 days after the enactment of this Act, the Authority
shall establish procedures for the implementation of this
section.
(2) Consideration of additional opinions.--In making the
determination under paragraph (1), the Authority shall consider
the opinions of affected public employees, supervisory
employees, labor organizations, and public employers. In the
case where the Authority is notified by an affected public
employer and labor organization that both parties agree that
the law applicable to such employer and labor organization
substantially provides for the rights and procedures described
in subsection (b), the Authority shall give such agreement
weight to the maximum extent practicable in making the
Authority's determination under paragraph (1).
(3) Limited criteria.--In making the determination
described in paragraph (1), the Authority may only consider the
criteria described in subsection (b).
(4) 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) Request.--A public employee, supervisory
employee, public employer, or a labor organization may
submit to the Authority a written request for a
subsequent determination with respect to whether a
material change of State law has occurred.
(C) Issuance.--If satisfied that a material change
in State law has occurred, the Authority shall issue a
subsequent determination described under paragraph (1)
not later than 30 days after receipt of such request.
(5) Judicial review.--Any covered person or public employer
aggrieved by a determination of the Authority under this
paragraph (1) 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 covered
person or public employer resides or transacts business or in
the Court of Appeals for the District of Columbia Circuit, for
judicial review. In any judicial review of a determination made
by the Authority described in paragraph (1), the procedures
contained in subsections (c) and (d) of section 7123 of title
5, United States Code, shall be followed.
(6) Rule of construction.--In making the determination
described in paragraph (1), the Authority shall, as relevant,
consider any requirement imposed by a consent decree entered
into by the Department of Justice before, on, or after the date
of enactment of this Act as substantially providing for the
rights and procedures under subsection (b).
(b) Federal Minimum Standard.--The collective bargaining rights and
procedures under this subsection are as follows:
(1) A right of public employees and supervisory employees--
(A) to self-organization;
(B) to form, join, or assist a labor organization
or to refrain from any such activity;
(C) to bargain collectively through representatives
of their own choosing; and
(D) to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid
(including the filing of joint, class, or collective
legal claims) or protection.
(2) A requirement for public employers to--
(A) recognize the labor organization of its public
employees and supervisory employees (freely chosen in
an election by a majority of such employees voting in
the appropriate unit or chosen by voluntary recognition
if that method is permitted under State law) without
requiring an election to recertify or decertify a labor
organization that is already recognized as the
representative of such employees unless not less than
30 percent of such employees in the bargaining unit
freely sign a petition to decertify such labor
organization--
(i) not earlier than the date that is 1
year after the date of the election (or after a
voluntary recognition if permitted under State
law) of the representative;
(ii) not earlier than 1 year after the
expiration of a valid collective bargaining
agreement;
(iii) not during the term of a valid
collective bargaining agreement (except as
permissible under clause (iv)); or
(iv) during the 30-day period beginning on
the date that is 90 days before the end of a
valid existing contract;
(B) collectively bargain with such recognized labor
organization; and
(C) commit any agreements with such recognized
labor organization to writing in a contract or
memorandum of understanding.
(3) An interest impasse resolution mechanism, such as fact-
finding, mediation, arbitration, or comparable procedures that
culminate in binding resolution.
(4) Payroll deduction of labor organization fees for any
duly chosen representative of a public employee or supervisory
employee pursuant to the terms of an agreement between the
labor organization and such public or supervisory employee,
which shall remain in effect until revoked by such employee in
accordance with its terms.
(5) The prohibition of practices that interfere with,
restrain, or coerce public or supervisory employees in the
exercise of rights guaranteed in paragraph (1) or regulations
issued thereunder.
(6) The enforcement of all relevant rights and procedures
provided by State law and enumerated in this subsection.
(7) The enforcement of all rights and procedures provided
by any written contract or memorandum of understanding between
a labor organization and a public employer, through--
(A) a State agency, if the State so chooses;
(B) at the election of an aggrieved party, the
State courts, if so permitted under State law; or
(C) a grievance resolution procedure culminating in
binding arbitration negotiated in such contract or
memorandum.
(c) Compliance With Rights and Procedures.--If the Authority
determines under subsection (a)(1) that the laws of a State
substantially provide each of the rights and procedures described in
subsection (b), then subsection (d) shall not apply and this Act shall
not preempt the laws of such State.
(d) Failure To Substantially Provide.--
(1) In general.--If the Authority determines under
subsection (a)(1) that the laws of a State do not substantially
provide for each of the rights and procedures described in
subsection (b), then such State shall be subject to the rules
and activities of the Authority under section 4 beginning on
the later of--
(A) the date that is 2 years after the date of
enactment of this Act;
(B) the date that is the last day of the first
regular session of the legislature of the State that
begins after the date of the enactment of this Act; or
(C) in the case of a State receiving a subsequent
determination described under subsection (a)(4), the
date that is the last day of the first regular session
of the legislature of the State that begins after the
date the Authority made the determination.
(2) Partial failure.--If the Authority determines under
subsection (a)(1) that a State does not substantially provide
for each of the rights and procedures described in subsection
(b) because the State fails to substantially provide for all of
such rights and procedures with respect to any public or
supervisory employees, the Authority shall identify--
(A) the categories of public or supervisory
employees of such State that shall be subject to the
rules and activities of the Authority