[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                 S. 636

  To provide collective bargaining rights for public safety officers 
   employed by States or their political subdivisions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 19, 2025

Mr. Hickenlooper (for himself and Ms. Hassan) 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, 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 Safety Employer-Employee 
Cooperation Act''.

SEC. 2. PURPOSE AND POLICY.

    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 uses 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 labor 
        organization 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 the 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 arbitration to aid and encourage public safety 
        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 law enforcement, fire, 
        and emergency medical services of local communities, the health 
        and well-being of public safety officers, and the morale of law 
        enforcement, fire, and emergency medical service 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.
            (5) Many States and localities already provide public 
        safety officers with collective bargaining rights comparable to 
        or greater than the rights and responsibilities set forth in 
        this Act, and such State and local laws should be respected.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the Federal 
        Labor Relations Authority.
            (2) Confidential employee.--The term ``confidential 
        employee'', with respect to the application of this Act in a 
        State--
                    (A) has the meaning given such term (or a 
                substantially equivalent term) under any applicable 
                State law of such State on the date of enactment of 
                this Act; or
                    (B) if no such applicable State law is in effect in 
                such State, means an individual, employed by a public 
                safety employer, who--
                            (i) is designated as confidential; and
                            (ii) is an individual who routinely 
                        assists, in a confidential capacity, any 
                        supervisory employee or management employee.
            (3) Emergency medical services employee.--The term 
        ``emergency medical services employee'' means an individual who 
        provides out-of-hospital emergency medical care, including an 
        emergency medical technician, paramedic, or first responder.
            (4) Employ.--The term ``employ'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (5) Firefighter.--The term ``firefighter'' has the meaning 
        given the term ``employee in fire protection activities'' in 
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203).
            (6) Labor organization.--The term ``labor organization'' 
        means an organization of any kind, in which public safety 
        officers participate and which exists for the purpose, in whole 
        or in part, of dealing with a public safety employer concerning 
        grievances, conditions of employment, and related matters.
            (7) 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).
            (8) Management employee.--The term ``management employee'', 
        with respect to the application of this Act in a State--
                    (A) has the meaning given such term (or a 
                substantially equivalent term) under any applicable 
                State law of such State on the date of enactment of 
                this Act; or
                    (B) if no such applicable State law is in effect in 
                such State, 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 public safety employer.
            (9) Person.--The term ``person'' means an individual or a 
        labor organization.
            (10) Public safety employer.--
                    (A) In general.--The term ``public safety 
                employer'' means any State, or political subdivision of 
                a State, that employs a public safety officer.
                    (B) Applicability.--For purposes of this Act, a 
                public safety employer shall be considered to be 
                engaged in commerce or in an industry or activity 
                affecting commerce.
            (11) Public safety officer.--The term ``public safety 
        officer''--
                    (A) means an individual employed by a public safety 
                employer who is a law enforcement officer, a 
                firefighter, or an emergency medical services employee;
                    (B) includes an individual who is temporarily 
                transferred to a supervisory or management position; 
                and
                    (C) except as provided in subparagraph (B), does 
                not include--
                            (i) a supervisory employee;
                            (ii) a management employee; or
                            (iii) a confidential employee.
            (12) 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.
            (13) Substantially provides.--The term ``substantially 
        provides'', when used with respect to the rights and 
        responsibilities described in section 4(b), means providing 
        rights and responsibilities that are comparable to or greater 
        than each right and responsibility described in such section.
            (14) Supervisory employee.--The term ``supervisory 
        employee'', with respect to the application of this Act in a 
        State--
                    (A) has the meaning given such term (or a 
                substantially equivalent term) under any applicable 
                State law of such State on the date of enactment of 
                this Act; or
                    (B) if no such applicable State law is in effect in 
                such State, an individual, employed by a public safety 
                employer, who--
                            (i) has the authority in the interest of 
                        the public safety 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, direct, assign, promote, 
                                reward, transfer, furlough, lay off, 
                                recall, suspend, discipline, or remove 
                                public safety officers;
                                    (II) adjust the grievances of 
                                public safety officers; or
                                    (III) effectively recommend any 
                                action described in subclause (I) or 
                                (II); and
                            (ii) devotes a majority of time at work to 
                        exercising such authority.
            (15) Unfair labor practice.--The term ``unfair labor 
        practice'' means a practice described in section 7116 of title 
        5, United States Code, except that, in applying such section--
                    (A) ``public safety officer'' shall be substituted 
                for ``employee'';
                    (B) ``public safety employer'' shall be substituted 
                for ``agency''; and
                    (C) ``this Act'' shall be substituted for ``this 
                chapter''.

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 (except as provided in paragraph (4)(B)), 
        the Authority shall make a determination for each State as to 
        whether a State substantially provides for each of the rights 
        and responsibilities described in subsection (b).
            (2) Consideration of additional opinions.--In making the 
        determination described in paragraph (1), the Authority shall 
        consider the opinions of affected public safety employers and 
        labor organizations. In the case where the Authority is 
        notified by an affected public safety employer and labor 
        organization that both parties agree that the law applicable to 
        such public safety employer and labor organization 
        substantially provides for the rights and responsibilities 
        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 shall be limited to 
        the application of 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) Procedures for subsequent determinations.--A 
                public safety 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 (or an interpretation of 
                such law) has occurred.
                    (C) Issuance of subsequent determination.--If 
                satisfied that a material change in State law or its 
                interpretation has occurred, the Authority shall issue 
                a subsequent determination under paragraph (1) not 
                later than 30 days after receipt of such request.
            (5) Exception.--The Authority shall not make a 
        determination under paragraph (1) that the laws of a State do 
        not substantially provide for each of the rights and 
        responsibilities described in subsection (b) on the basis that 
        relevant State laws--
                    (A) permit an employee to appear on the employee's 
                own behalf with respect to the employee's employment 
                relations with the public safety employer involved;
                    (B) do not apply to a political subdivision of the 
                State if such political subdivision--
                            (i) has a population of fewer than 5,000 
                        individuals; or
                            (ii) employs fewer than 25 full-time 
                        employees (excluding any individual elected by 
                        popular vote or appointed to serve on a board 
                        or commission); or
                    (C) do not require bargaining with respect to 
                pension, retirement, or health benefits.
            (6) Judicial review.--Any person or public safety employer 
        aggrieved by a determination of the Authority under 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 person or public 
        safety employer resides or transacts business or in the Court 
        of Appeals for the District of Columbia Circuit, for judicial 
        review.
    (b) Rights and Responsibilities.--The rights and responsibilities 
described under this subsection are the following:
            (1) A right of public safety officers to form and join a 
        labor organization--
                    (A) which may exclude any management employee, 
                supervisory employee, or confidential employee, and
                    (B) that is, or seeks to be, recognized as the 
                exclusive bargaining representative of such public 
                safety officers.
            (2) A requirement that any public safety employer--
                    (A) recognize the labor organization of its public 
                safety officers (freely chosen by a majority of the 
                public safety officers);
                    (B) agree to bargain with such labor organization; 
                and
                    (C) commit any agreements with such labor 
                organization to writing in a contract or memorandum of 
                understanding.
            (3) A right of public safety officers to bargain with 
        respect to hours, wages, and terms and conditions of 
        employment.
            (4) A right to binding interest arbitration as a mechanism 
        to resolve an impasse in collective bargaining negotiations.
            (5) A right to enforcement of all rights, responsibilities, 
        and protections enumerated in this subsection, and of any 
        written contract or memorandum of understanding between a labor 
        organization and a public safety employer, through--
                    (A) a State administrative agency, if the State so 
                chooses; or
                    (B) any court of competent jurisdiction.
    (c) Compliance With Requirements.--If the Authority determines 
under subsection (a)(1) that a State substantially provides each of the 
rights and responsibilities described in subsection (b), then 
subsection (d) shall not apply and this Act shall not preempt the laws 
of such State.
    (d) Failure To Meet Requirements.--
            (1) In general.--If the Authority determines under 
        subsection (a)(1) that a State does not substantially provide 
        for the rights and responsibilities described in subsection 
        (b), then such State shall be subject to the regulations and 
        procedures described in section 5 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 the Authority makes a 
                determination under subsection (a)(1); or
                    (C) in the case of a State receiving a subsequent 
                determination 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 the rights and responsibilities described in subsection (b) 
        because the State law substantially provides for such rights 
        and responsibilities for certain categories of public safety 
        officers covered by this Act but not others, the Authority 
        shall identify those categories of public safety officers that 
        shall be subject to the regulations and procedures described in 
        section 5, pursuant to section 8(b)(3) and beginning on the 
        appropriate date described in paragraph (1), and those 
        categories of public safety officers that shall remain solely 
        subject to State law with respect to the rights and 
        responsibilities described in subsection (b).

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 public safety employers and public 
safety officers that substantially provide for the minimum standards 
described in section 4(b) for States described in section 4(d