I 

117TH CONGRESS 

1ST SESSION H. R. 2586 

To provide collective bargaining rights for fire fighters and emergency medical 

services personnel employed by States or their political subdivisions, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2021 

Mr. KILDEE (for himself, Mr. FITZPATRICK, Mr. RODNEY DAVIS of Illinois, 

Mrs. HAYES, Ms. JAYAPAL, Ms. LEGER FERNANDEZ, Ms. MANNING, 

Mrs. MCBATH, Mr. MRVAN, Mr. PASCRELL, Ms. WILD, and Mr. POCAN) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

A BILL 

To provide collective bargaining rights for fire fighters and 

emergency medical services personnel employed by States 

or their political subdivisions, and for other purposes. 

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 ‘‘Fire Fighters and 

5 EMS Employer-Employee Cooperation Act’’. 

6 SEC. 2. PURPOSE AND POLICY. 

7 Congress declares that the following is the policy of 

8 the United States: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2586 IH

1 (1) Labor-management relationships and part2 nerships are based on trust, mutual respect, open 

3 communication, bilateral consensual problem solving, 

4 and shared accountability. Labor-management co5 operation fully utilizes the strengths of both parties 

6 to best serve the interests of the public, operating as 

7 a team, to carry out the fire and EMS mission in 

8 a quality work environment. In many fire and EMS 

9 agencies, it is the union that provides the institu10 tional stability as elected leaders and appointees 

11 come and go. 

12 (2) State and local fire and EMS personnel 

13 play an essential role in the efforts of the United 

14 States to detect, prevent, and respond to terrorist 

15 attacks, and to respond to natural disasters, haz16 ardous materials, and other mass casualty incidents. 

17 State and local fire and EMS personnel, as first re18 sponders, are a component of the National Incident 

19 Management System, developed by the Department 

20 of Homeland Security to coordinate response to and 

21 recovery from terrorism, major natural disasters, 

22 and other major emergencies. Fire and EMS em23 ployer-employee cooperation is essential in meeting 

24 these needs and is, therefore, in the National inter25 est. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2586 IH

1 (3) The Federal Government needs to encour2 age conciliation, mediation, and arbitration to aid 

3 and encourage employers and the representatives of 

4 their employees to reach and maintain agreements 

5 concerning rates of pay, hours, and working condi6 tions, and to make all reasonable efforts through ne7 gotiations to settle their differences by mutual agree8 ment reached through collective bargaining or by 

9 such methods as may be provided for in any applica10 ble agreement for the settlement of disputes. 

11 (4) The absence of adequate cooperation be12 tween fire and EMS employers and employees has 

13 implications for the security of employees and can 

14 affect interstate and intrastate commerce. The lack 

15 of such labor-management cooperation can detrimen16 tally impact the upgrading of fire and emergency 

17 medical services of local communities, the health and 

18 well-being of fire and EMS personnel, and the mo19 rale of fire and EMS departments. Additionally, 

20 these factors could have significant commercial re21 percussions. Moreover, providing minimal standards 

22 for collective bargaining negotiations in the fire and 

23 EMS sector can prevent industrial strife between 

24 labor and management that interferes with the nor25 mal flow of commerce. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2586 IH

1 (5) Many States and localities already provide 

2 fire and EMS personnel with collective bargaining 

3 rights comparable to or greater than the rights and 

4 responsibilities set forth in this Act, and such State 

5 and local laws should be respected. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) AUTHORITY.—The term ‘‘Authority’’ means 

9 the Federal Labor Relations Authority. 

10 (2) CONFIDENTIAL EMPLOYEE.—The term 

11 ‘‘confidential employee’’ has the meaning given such 

12 term under applicable State law on the date of en13 actment of this Act. If no such State law is in effect, 

14 the term means an individual, employed by a fire 

15 and EMS employer, who— 

16 (A) is designated as confidential; and 

17 (B) is an individual who routinely assists, 

18 in a confidential capacity, supervisory employ19 ees and management employees. 

20 (3) EMERGENCY MEDICAL SERVICES PER21 SONNEL.—The term ‘‘emergency medical services 

22 personnel’’ means an individual who provides out-of23 hospital emergency medical care, including an emer24 gency medical technician, paramedic, or first re25 sponder. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2586 IH

1 (4) EMPLOYER; FIRE AND EMS AGENCY; FIRE

2 AND EMS EMPLOYER.—The terms ‘‘employer’’, ‘‘fire 

3 and EMS agency’’, and ‘‘fire and EMS employer’’ 

4 mean any State, or political subdivision of a State, 

5 that employs fire and EMS personnel. 

6 (5) FIRE AND EMS PERSONNEL.—The term 

7 ‘‘fire and EMS personnel’’— 

8 (A) means an employee of a fire and EMS 

9 agency who is a firefighter and/or an emergency 

10 medical services personnel; 

11 (B) includes an individual who is tempo12 rarily transferred to a supervisory or manage13 ment position; and 

14 (C) does not include a permanent super15 visory, management, or confidential employee. 

16 (6) FIREFIGHTER.—The term ‘‘firefighter’’ has 

17 the meaning given the term ‘‘employee engaged in 

18 fire protection activities’’ in section 3(y) of the Fair 

19 Labor Standards Act of (29 U.S.C. 203(y)). 

20 (7) LABOR ORGANIZATION.—The term ‘‘labor 

21 organization’’ means an organization of any kind, in 

22 which employees participate and which exists for the 

23 purpose, in whole or in part, of dealing with employ24 ers concerning grievances, conditions of employment, 

25 and related matters. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2586 IH

1 (8) MANAGEMENT EMPLOYEE.—The term 

2 ‘‘management employee’’ has the meaning given 

3 such term under applicable State law in effect on 

4 the date of enactment of this Act. If no such State 

5 law is in effect, the term means an individual em6 ployed by a fire and EMS employer in a position 

7 that requires or authorizes the individual to formu8 late, determine, or influence the policies of the em9 ployer. 

10 (9) PERSON.—The term ‘‘person’’ means an in11 dividual or a labor organization. 

12 (10) STATE.—The term ‘‘State’’ means each of 

13 the several States of the United States, the District 

14 of Columbia, and any territory or possession of the 

15 United States. 

16 (11) SUBSTANTIALLY PROVIDES.—The term 

17 ‘‘substantially provides’’, when used with respect to 

18 the rights and responsibilities described in section 

19 4(b), means comparable to or greater than each 

20 right and responsibility described in such section. 

21 (12) SUPERVISORY EMPLOYEE.—The term ‘‘su22 pervisory employee’’ has the meaning given such 

23 term under applicable State law in effect on the date 

24 of enactment of this Act. If no such State law is in 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2586 IH

1 effect, the term means an individual, employed by a 

2 fire and EMS employer, who— 

3 (A) has the authority in the interest of the 

4 employer to hire, direct, assign, promote, re5 ward, transfer, furlough, lay off, recall, sus6 pend, discipline, or remove fire and EMS per7 sonnel, to adjust their grievances, or to effec8 tively recommend such action, if the exercise of 

9 the authority is not merely routine or clerical in 

10 nature but requires the consistent exercise of 

11 independent judgment; and 

12 (B) devotes a majority of time at work to 

13 exercising such authority. 

14 SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL15 ITIES. 

16 (a) DETERMINATION.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Author19 ity shall make a determination as to whether a State 

20 substantially provides for the rights and responsibil21 ities described in subsection (b). 

22 (2) CONSIDERATION OF ADDITIONAL OPIN23 IONS.—In making the determination described in 

24 paragraph (1), the Authority shall consider the opin25 ions of affected employers and labor organizations. 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 2586 IH

1 In the case where the Authority is notified by an af2 fected employer and labor organization that both 

3 parties agree that the law applicable to such em4 ployer and labor organization substantially provides 

5 for the rights and responsibilities described in sub6 section (b), the Authority shall give such agreement 

7 weight to the maximum extent practicable in making 

8 the Authority’s determination under this subsection. 

9 (3) LIMITED CRITERIA.—In making the deter10 mination described in paragraph (1), the Authority 

11 shall be limited to the application of the criteria de12 scribed in subsection (b) and shall not require any 

13 additional criteria. 

14 (4) SUBSEQUENT DETERMINATIONS.— 

15 (A) IN GENERAL.—A determination made 

16 pursuant to paragraph (1) shall remain in ef17 fect unless and until the Authority issues a sub18 sequent determination, in accordance with the 

19 procedures set forth in subparagraph (B) of 

20 this section. 

21 (B) PROCEDURES FOR SUBSEQUENT DE22 TERMINATIONS.—Upon establishing that a ma23 terial change in State law or its interpretation 

24 has occurred, an employer or a labor organiza25 tion may submit a written request for a subseVerDate Sep 11 2014 03:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2586.IH H2586

kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 2586 IH

1 quent determination. If satisfied that a material 

2 change in State law or its interpretation has oc3 curred, the Authority shall issue a subsequent 

4 determination not later than 30 days after re5 ceipt of such request. 

6 (5) JUDICIAL REVIEW.—Any person or em7 ployer aggrieved by a determination of the Authority 

8 under this section may, during the 60-day period be9 ginning on the date on which the determination was 

10 made, petition any United States Court of Appeals 

11 in the circuit in which the person or employer re12 sides or transacts business or in the District of Co13 lumbia Circuit, for judicial review. 

14 (b) RIGHTS AND RESPONSIBILITIES.—In making a 

15 determination described in subsection (a), the Authority 

16 shall consider a State’s law to substantially provide the 

17 required rights and responsibilities unless such law fails 

18 to provide rights and responsibilities comparable to or 

19 greater than the following: 

20 (1) Granting fire and EMS personnel the right 

21 to form and join a labor organization, which may ex22 clude management employees, supervisory employ23 ees, and confidential employees, that is, or seeks to 

24 be, recognized as the exclusive bargaining represent25 ative of such employees. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 2586 IH

1 (2) Requiring fire and EMS employers to recog2 nize the employees’ labor organization (freely chosen 

3 by a majority of the employees), to agree to bargain 

4 with the labor organization, and to commit any 

5 agreements to writing in a contract or memorandum 

6 of understanding. 

7 (3) Providing for the right to bargain over 

8 hours, wages, and terms and conditions of employ9 ment. 

10 (4) Making available an interest impasse resolu11 tion mechanism, such as fact-finding, mediation, ar12 bitration, or comparable procedures. 

13 (5) Requiring enforcement of all rights, respon14 sibilities, and protections enumerated in this section, 

15 and of any written contract or memorandum of un16 derstanding between a labor organization and a fire 

17 and EMS employer, through— 

18 (A) a State administrative agency, if the 

19 State so chooses; and/or 

20 (B) any court of competent jurisdiction. 

21 (c) COMPLIANCE WITH REQUIREMENTS.—If the Au22 thority determines, acting pursuant to its authority under 

23 subsection (a), that a State substantially provides rights 

24 and responsibilities described in subsection (b), then this 

25 Act shall not preempt State law. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 2586 IH

1 (d) FAILURE TO MEET REQUIREMENTS.— 

2 (1) IN GENERAL.—If the Authority determines, 

3 acting pursuant to its authority under subsection 

4 (a), that a State does not substantially provide for 

5 the rights and responsibilities described in sub6 section (b), then such State shall be subject to the 

7 regulations and procedures described in section 5 be8 ginning on the later of— 

9 (A) the date that is 2 years after the date 

10 of enactment of this Act; 

11 (B) the date that is the last day of the 

12 first regular session of the legislature of the 

13 State that begins after the date the Authority 

14 makes a determination under subsection (a)(1); 

15 or 

16 (C) in the case of a State receiving a sub17 sequent determination under subsection (a)(4), 

18 the date that is the last day of the first regular 

19 session of the legislature of the State that be20 gins after the date the Authority made the de21 termination. 

22 (2) PARTIAL FAILURE.—If the Authority makes 

23 a determination that a State does not substantially 

24 provide for the rights and responsibilities described 

25 in subsection (b) solely because the State law subVerDate Sep 11 2014 03:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2586.IH H2586

kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 2586 IH

1 stantially provides for such rights and responsibil2 ities for certain categories of fire and EMS per3 sonnel covered by the Act but not others, the Au4 thority shall identify those categories of fire and 

5 EMS personnel that shall be subject to the regula6 tions and procedures described in section 5, pursu7 ant to section 8(b)(3) and beginning on the appro8 priate date described in paragraph (1), and those 

9 categories of fire and EMS personnel that shall re10 main solely subject to State law with respect to the 

11 rights and responsibilities described in subsection 

12 (b). 

13 SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, the Authority shall issue 

16 regulations, in accordance with the rights and responsibil17 ities described in section 4(b), establishing collective bar18 gaining procedures for employers and fire and EMS per19 sonnel in States where the Authority has determined, act20 ing pursuant to section 4(a), do not substantially provide 

21 for such rights and responsibilities. 

22 (b) ROLE OF THE FEDERAL LABOR RELATIONS AU23 THORITY.—The Authority, to the extent provided in this 

24 Act and in accordance with regulations prescribed by the 

25 Authority, shall— 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 2586 IH

1 (1) determine the appropriateness of units for 

2 labor organization representation; 

3 (2) supervise or conduct elections to determine 

4 whether a labor organization has been selected as an 

5 exclusive representative by a voting majority of the 

6 employees in an appropriate unit; 

7 (3) resolve issues relating to the duty to bar8 gain in good faith; 

9 (4) conduct hearings and resolve complaints of 

10 unfair labor practices; 

11 (5) resolve exceptions to the awards of arbitra12 tors; 

13 (6) protect the right of each employee to form, 

14 join, or assist any labor organization, or to refrain 

15 from any such activity, freely and without fear of 

16 penalty or reprisal, and protect each employee in the 

17 exercise of such right; and 

18 (7) take such other actions as are necessary 

19 and appropriate to effectively administer this Act, 

20 including issuing subpoenas requiring the attendance 

21 and testimony of witnesses and the production of 

22 documentary or other evidence from any place in the 

23 United States, and administering oaths, taking or 

24 ordering the taking of depositions, ordering reVerDate Sep 11 2014 03:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2586.IH H2586

kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 2586 IH

1 sponses to written interrogatories, and receiving and 

2 examining witnesses. 

3 (c) ENFORCEMENT.— 

4 (1) AUTHORITY TO PETITION COURT.—The Au5 thority may petition any United States Court of Ap6 peals with jurisdiction over the parties, or the 

7 United States Court of Appeals for the District of 

8 Columbia Circuit, to enforce any final orders under 

9 this section, and for appropriate temporary relief or 

10 a restraining order. 

11 (2) PRIVATE RIGHT OF ACTION.—Unless the 

12 Authority has filed a petition for enforcement as 

13 provided in paragraph (1), any party has the right 

14 to file suit in any appropriate district court of the 

15 United States to enforce compliance with the regula16 tions issued by the Authority pursuant to this sec17 tion, or to enforce compliance with any order issued 

18 by the Authority pursuant to this section. The right 

19 provided by this subsection to bring a suit to enforce 

20 compliance with any order issued by the Authority 

21 pursuant to this section shall terminate upon the fil22 ing of a petition seeking the same relief by the Au23 thority. Enforcement against a State shall be pursu24 ant to section 8(b)(4). 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 2586 IH

1 SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 

2 (a) IN GENERAL.—Subject to subsection (b), an em3 ployer, fire and EMS personnel, or labor organization may 

4 not engage in a lockout, sickout, work slowdown, strike, 

5 or any other organized job action that will measurably dis6 rupt the delivery of emergency services and is designed 

7 to compel an employer, fire and EMS personnel, or labor 

8 organization to agree to the terms of a proposed contract. 

9 (b) NO PREEMPTION.—Nothing in this section shall 

10 be construed to preempt any law of any State or political 

11 subdivision of any State with respect to strikes by fire and 

12 EMS personnel. 

13 SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 

14 AGREEMENTS. 

15 A certification, recognition, election-held, collective 

16 bargaining agreement, or memorandum of understanding 

17 that has been issued, approved, or ratified by any public 

18 employee relations board or commission or by any State 

19 or political subdivision or its agents and is in effect on 

20 the day before the date of enactment of this Act shall not 

21 be invalidated by the enactment of this Act. 

22 SEC. 8. CONSTRUCTION AND COMPLIANCE. 

23 (a) CONSTRUCTION.—Nothing in this Act shall be 

24 construed— 

25 (1) to preempt or limit the remedies, rights, 

26 and procedures of any law of any State or political 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 2586 IH

1 subdivision of any State that provides comparable or 

2 greater rights and responsibilities than the rights 

3 and responsibilities described in section 4(b); 

4 (2) to prevent a State from enforcing a right5 to-work law that prohibits employers and labor orga6 nizations from negotiating provisions in a labor 

7 agreement that require union membership or pay8 ment of union fees as a condition of employment; 

9 (3) to preempt or limit any State law in effect 

10 on the date of enactment of this Act that provides 

11 for the rights and responsibilities described in sec12 tion 4(b) solely because such State law permits an 

13 employee to appear on the employee’s own behalf 

14 with respect to the employee’s employment relations 

15 with the fire and EMS agency involved; 

16 (4) to prohibit a State from exempting from 

17 coverage under this Act a political subdivision of the 

18 State that has a population of less than 5,000 or 

19 that employs less than 25 full-time employees, in20 cluding each individual employed by the political 

21 subdivision, except any individual elected by popular 

22 vote or appointed to serve on a board or commission; 

23 or 

24 (5) to preempt or limit the laws or ordinances 

25 of any State or political subdivision of a State that 


kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 2586 IH

1 provide for the rights and responsibilities described 

2 in section 4(b) solely because such law or ordinance 

3 does not require bargaining with respect to pension 

4 or retirement. 

5 (b) COMPLIANCE.— 

6 (1) ACTIONS OF STATES.—Nothing in this Act 

7 or the regulations promulgated under this Act shall 

8 be construed to require a State to rescind or pre9 empt the laws or ordinances of any of the State’s 

10 political subdivisions if such laws provide rights and 

11 responsibilities for fire and EMS personnel that are 

12 comparable to or greater than the rights and respon13 sibilities described in section 4(b). 

14 (2) ACTIONS OF THE AUTHORITY.—Nothing in 

15 this Act or the regulations promulgated under this 

16 Act shall be construed to preempt— 

17 (A) the laws or ordinances of any State or 

18 political subdivision of a State, if such laws pro19 vide collective bargaining rights for fire and 

20 EMS personnel that are comparable to or 

21 greater than the rights enumerated in section 

22 4(b); 

23 (B) the laws or ordinances of any State or 

24 political subdivision of a State that provide for 

25 the rights and responsibilities described in secVerDate Sep 11 2014 03:12 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2586.IH H2586

kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 2586 IH

1 tion 4(b) with respect to certain categories of 

2 fire and EMS personnel covered by this Act 

3 solely because such rights and responsibilities 

4 have not been extended to other categories of 

5 fire and EMS personnel covered by this Act; or 

6 (C) the laws or ordinances of any State or 

7 political subdivision of a State that provide for 

8 the rights and responsibilities described in sec9 tion 4(b), solely because such laws or ordi10 nances provide that a contract or memorandum 

11 of understanding between a fire and EMS em12 ployer and a labor organization must be pre13 sented to a legislative body as part of the proc14 ess for approving such contract or memo15 randum of understanding. 

16 (3) LIMITED ENFORCEMENT POWER.—In the 

17 case of a law described in paragraph (2)(B), the Au18 thority shall only exercise the powers provided in 

19 section 5 with respect to those categories of fire and 

20 EMS personnel who have not been afforded the 

21 rights and responsibilities described in section 4(b). 

22 (4) EXCLUSIVE ENFORCEMENT PROVISION.— 

23 Notwithstanding any other provision of the Act, and 

24 in the absence of a waiver of a State’s sovereign im25 munity, the Authority shall have the exclusive power 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 2586 IH

1 to enforce the provisions of this Act with respect to 

2 employees of a State. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

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

6 Act. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS