I

104TH CONGRESS

1ST SESSION H. R. 1484

To provide collective bargaining rights for public safety officers employed

by States or their political subdivisions.

IN THE HOUSE OF REPRESENTATIVES

APRIL 7, 1995

Mr. KILDEE introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To provide collective bargaining rights for public safety

officers employed by States or their political subdivisions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Public Safety Em5 ployer-Employee Relations Act of 1995’’.

6 SEC. 2. DECLARATION OF PURPOSE AND POLICY.

7 The Congress declares that the following is the policy

8 of the United States:

9 (1) Labor-management relationships and part10 nerships are based on trust, mutual respect, open
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1 communications, bilateral and consensual problem

2 solving, and shared accountability. Dispute resolu3 tion procedures are fair, determinative, simple, fast

4 and inexpensive, and effectively and swiftly deal with

5 issues. Labor-management cooperation fully utilizes

6 the strengths of both parties to best serve the inter7 ests of the public, operating as a team to carry out

8 the public safety mission in a quality work environ9 ment. In many public safety agencies it is the union

10 that provides the institutional stability as elected

11 leaders and appointees come and go.

12 (2) The health and safety of the Nation and the

13 best interest of public safety employers and employ14 ees can be best protected by the settlement of issues

15 through the processes of collective bargaining.

16 (3) The Federal Government shall make avail17 able governmental facilities for conciliation, medi18 ation, and voluntary arbitration to aid and encour19 age employers and the representatives of their em20 ployees to reach and maintain agreements concern21 ing rates of pay, hours, and working conditions, and

22 to make all reasonable efforts to settle their dif23 ferences by mutual agreement reached through col24 lective bargaining or by such methods as may be
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1 provided for in any applicable agreement for the set2 tlement of disputes.

3 (4) Certain controversies which arise involving

4 collective bargaining agreements may be avoided or

5 minimized through mediations and conciliation.

6 SEC. 3. DEFINITIONS.

7 For purposes of this Act:

8 (1) The term ‘‘Director’’ means the Director of

9 the Federal Mediation and Conciliation Service.

10 (2) The term ‘‘firefighter’’ means an employee

11 who—

12 (A) primarily performs work directly relat13 ed to the control and extinguishment of fires;

14 (B) works for fire departments and is re15 sponsible for the maintenance and use of fire16 fighting apparatus and equipment, prevention

17 and investigation, communications and dis18 patch; or

19 (C) provides emergency medical care.

20 The term includes an employee engaged in such ac21 tivity who is transferred to a supervisory or adminis22 trative position, but does not include a management

23 or supervisory employee.

24 (3) The term ‘‘law enforcement officer’’ means

25 a member of a law enforcement agency serving in a
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1 law enforcement position, which is usually indicated

2 by formal training (regardless of whether the officer

3 has completed or been assigned to such training)

4 and usually accompanied by the power to make ar5 rests. The term includes an employee engaged in

6 such activity who is transferred to a supervisory or

7 administrative position, but does not include a man8 agement or supervisory employee.

9 (4) The term ‘‘law enforcement agency’’ means

10 a State or local public agency that is charged by law

11 with the duty to prevent or investigate crimes or ap12 prehend or hold in custody persons charged with or

13 convicted of crimes.

14 (5) The term ‘‘management or supervisory em15 ployee’’ includes any public safety personnel exempt16 ed from the provisions of chapter 8 of title 29, Unit17 ed States Code.

18 (6) The terms ‘‘employer’’ and ‘‘public safety

19 employer’’ mean any State, political subdivision of a

20 State, the District of Columbia, or any territory or

21 possession of the United States.
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1 SEC. 4. RIGHT OF FIREFIGHTERS AND LAW ENFORCEMENT

2 OFFICERS TO ORGANIZE AND BARGAIN COL3 LECTIVELY.

4 (a) IN GENERAL.—Firefighters and law enforcement

5 officers have the right to self-organize, to form, join, or

6 assist labor organizations, to bargain collectively through

7 representatives of their own choosing, and to engage in

8 other concerted activities for the purpose of collective bar9 gaining or other mutual aid or protection.

10 (b) APPLICATION TO EXISTING LAWS OF STATES

11 AND POLITICAL SUBDIVISIONS.—

12 (1) APPLICABILITY.—This Act shall be applica13 ble to any State and its political subdivisions if such

14 entity does not have a law or ordinance that pro15 vides greater or equal protection for the rights of

16 firefighters and law enforcement officers as estab17 lished under sections 4(a) and 4(e)(3) under this

18 Act.

19 (2) RIGHT TO PETITION.—Any employer or em20 ployee labor organization shall have the right to peti21 tion the Director of the Federal Mediation and Con22 ciliation Service to determine that a State or politi23 cal subdivision ordinance is in compliance with para24 graph (1). The Director shall issue a determination

25 not later than 30 days after receipt of such a peti-
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1 tion. The power of enforcement shall be the same as

2 cited in subsection (f).

3 (c) REGULATIONS.—Not later than 1 year after the

4 date of the enactment of this Act, the Director shall issue

5 regulations to carry out this Act in accordance with the

6 administrative procedures described in subchapter II of

7 chapter 5 of title 5, United States Code.

8 (d) EXISTING COLLECTIVE BARGAINING UNITS AND

9 AGREEMENTS.—No certification, recognition, election10 held, collective bargaining agreement or memorandum of

11 understanding which has been issued, approved, or ratified

12 by any public employee relations board or commission or

13 by any State or political subdivision or their agents (man14 agement officials) shall be invalidated by enactment of this

15 Act.

16 (e) CONCILIATION OF LABOR DISPUTES INVOLVING

17 FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS.—

18 (1) ESTABLISHMENT OF BOARD OF INQUIRY.—

19 (A) When an impasse is certified by the

20 Federal Mediation and Conciliation Service, the

21 Director shall assist on the resolution of the im22 passe by establishing within 30 days after the

23 notice to the Federal Mediation and Concilia24 tion Service, an impartial Board of Inquiry to

25 investigate the issues involved in the dispute
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1 and to make a written report thereon to the

2 parties not later than 15 days after the estab3 lishment of such a board unless an extension is

4 requested by such board and approved by the

5 Director.

6 (B) The written report shall contain the

7 findings of fact together with the Board’s rec8 ommendations for settling the dispute, with the

9 objective of achieving a prompt, peaceful, and

10 just settlement of the dispute. Each board shall

11 be composed of such number of individuals as

12 the director may deem desirable. No member

13 appointed under this section shall have pecu14 niary interest or involvement in firefighting or

15 law enforcement or in the employee organiza16 tions involved in the dispute.

17 (2) COMPENSATION OF MEMBERS OF BOARDS

18 OF INQUIRY.—

19 (A) Members of any board established

20 under this section who are otherwise employed

21 by the Federal Government shall serve without

22 compensation but shall be reimbursed for trav23 el, subsistence, and other necessary expenses in24 curred by them in carrying out its duties under

25 this section.
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1 (B) Members of any board established

2 under this section who are not subject to sub3 paragraph (A) shall receive compensation at a

4 rate prescribed by the Director but not to ex5 ceed the daily rate prescribed for GS–15 of the

6 General Schedule under section 5332 of title 5,

7 United States Code, including travel for each

8 day they are entitled to reimbursement for trav9 el, subsistence, and other necessary expenses in10 curred by them in carrying out their duties

11 under this section.

12 (3) MAINTENANCE OF STATUS QUO.—After the

13 certification of an impasse under paragraph (1) of

14 this section and for 15 days after the Board of In15 quiry has issued its report, no change in the status

16 quo in effect prior to the expiration of the contract

17 in the case of negotiations for a contract renewal, or

18 in effect prior to the time of the impasse in the case

19 of an initial bargaining negotiation, except by agree20 ment of the parties, shall be made by the parties to

21 the controversy.

22 (f) ENFORCEMENT.—After completion of the inves23 tigation in subsection (e) the Director may request the At24 torney General to petition any United States District
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1 Court having jurisdiction of the parties to enforce the pro2 visions of this Act.

3 (g) STATE IMMUNITY.—A State shall not be immune

4 from an action in Federal or State court of competent ju5 risdiction for a violation of this Act. In any action against

6 a State for a violation of the requirements of this Act,

7 remedies (including remedies both at law and in equity)

8 are available for such violation to the same extent as such

9 remedies are available for such a violation in an action

10 against any public or private entity other than a State.

11 SEC. 5. STRIKES AND LOCKOUTS PROHIBITED.

12 Public safety employers and employees may not en13 gage in lockouts or strikes.

14 SEC. 6. SUITS BY AND AGAINST LABOR ORGANIZATIONS.

15 (a) VENUE, AMOUNT, AND CITIZENSHIP.—Suits for

16 violation of contracts between an employer and a labor or17 ganization representing public safety employees, or be18 tween any such labor organizations, may be brought in

19 any district court of the United States having jurisdiction

20 of the parties, without respect to the amount in con21 troversy or without regard to the citizenship of the parties.

22 (b) RESPONSIBILITY FOR ACTS OF AGENT; ENTITY

23 FOR PURPOSE OF SUIT; ENFORCEMENT OF MONEY JUDG24 MENTS.—Any labor organization which represents public

25 safety employees and any employer shall be bound by the
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1 acts of its agents. Any such labor organization may sue

2 or be sued as an entity and on behalf of the employees

3 whom it represents in the courts of the United States. Any

4 money judgment against a labor organization in a district

5 court of the United States shall be enforceable only

6 against the organization as an entity and against its as7 sets, and shall not be enforceable against any individual

8 member or the assets of the individual.

9 (c) JURISDICTION.—For the purpose of actions and

10 proceedings by or against labor organizations in the dis11 trict courts of the United States, district courts shall be

12 deemed to have jurisdiction of a labor organization—

13 (1) in the district in which such organization

14 maintains its principal office; or

15 (2) in any district in which its duly authorized

16 officers or agents are engaged in representing or

17 acting for employee members.

18 (d) SERVICE OF PROCESS.—The service of summons,

19 subpoena, or other legal process of any court of the United

20 States upon an officer or agent (acting in such capacity)

21 of a labor organization shall constitute service upon the

22 labor organization.

23 (e) DETERMINATION OF QUESTION OF AGENCY.—

24 For the purpose of this section, in determining whether

25 any person is acting as an ‘‘agent’’ of another person so
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1 as to make such other person responsible for such actions,

2 the question of whether the specific acts performed were

3 actually authorized or subsequently ratified shall not be

4 controlling.

5 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums

7 as may be necessary to carry out the provisions of this

8 Act.

9 SEC. 8. EFFECTIVE DATE.

10 This Act shall take effect 60 days after the date of

11 the enactment of this Act.

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