I 

111TH CONGRESS 

1ST SESSION H. R. 413 

To provide collective bargaining rights for public safety officers employed 

by States or their political subdivisions. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Mr. KILDEE (for himself and Mr. DUNCAN) introduced the following bill; 

which was referred to the Committee on Education and Labor 

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 Cooperation Act of 2009’’. 

6 SEC. 2. FINDINGS AND DECLARATION OF PURPOSE. 

7 Congress finds the following: 

8 (1) Labor-management relationships and part9 nerships are based on trust, mutual respect, open 

10 communication, bilateral consensual problem solving, 


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1 and shared accountability. In many public safety 

2 agencies it is the union that provides the institu3 tional stability as elected leaders and appointees 

4 come and go. 

5 (2) State and local public safety officers play an 

6 essential role in the efforts of the United States to 

7 detect, prevent, and respond to terrorist attacks, and 

8 to respond to natural disasters, hazardous materials, 

9 and other mass casualty incidents. As the first to ar10 rive on scene, State and local public safety officers 

11 must be prepared to protect life and property and to 

12 preserve scarce and vital Federal resources, avoid 

13 substantial and debilitating interference with inter14 state and foreign commerce, and to protect the na15 tional security of the United States. Public safety 

16 employer-employee cooperation is essential in meet17 ing these needs and is, therefore, in the National in18 terest. 

19 (3) The health and safety of the Nation and the 

20 best interests of public safety employers and employ21 ees may be furthered by the settlement of issues 

22 through the processes of collective bargaining. 

23 (4) The Federal Government is in the position 

24 to encourage conciliation, mediation, and voluntary 

25 arbitration to aid and encourage employers and the 


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1 representatives of their employees to reach and 

2 maintain agreements concerning rates of pay, hours, 

3 and working conditions, and to make all reasonable 

4 efforts through negotiations to settle their dif5 ferences by mutual agreement reached through col6 lective bargaining or by such methods as may be 

7 provided for in any applicable agreement for the set8 tlement of disputes. 

9 (5) The potential absence of adequate coopera10 tion between public safety employers and employees 

11 has implications for the security of employees, im12 pacts the upgrading of police and fire services of 

13 local communities, the health and well-being of pub14 lic safety officers, and the morale of the fire and po15 lice departments, and can affect interstate and 

16 intrastate commerce. 

17 (6) Many States and localities already provide 

18 public safety officers with collective bargaining 

19 rights comparable to or greater than the rights and 

20 responsibilities set forth in this Act, and such State 

21 laws should be respected. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) The term ‘‘Authority’’ means the Federal 

25 Labor Relations Authority. 


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1 (2) The term ‘‘public safety officer’’— 

2 (A) means an employee of a public safety 

3 agency who is a law enforcement officer, a fire4 fighter, or emergency medical services per5 sonnel; 

6 (B) includes an individual who is tempo7 rarily transferred to a supervisory or manage8 ment position; and 

9 (C) does not include a permanent super10 visory or management employee. 

11 (3) The term ‘‘firefighter’’ has the same mean12 ing given the term ‘‘employee in fire protection ac13 tivities’’ defined in section 3 of the Fair Labor 

14 Standards Act (29 U.S.C. 203(y)). 

15 (4) The term ‘‘emergency medical services per16 sonnel’’ means an individual who provides out-of17 hospital emergency medical care, including an emer18 gency medical technician, paramedic, or first re19 sponder. 

20 (5) The term ‘‘law enforcement officer’’ has the 

21 same meaning given such term in section 1204(5) of 

22 the Omnibus Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3796b(5)). 

24 (6) The term ‘‘supervisory employee’’ has the 

25 meaning given such term, or a substantially equivaVerDate Nov 24 2008 03:37 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H413.IH H413

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1 lent term, under applicable State law on the date of 

2 enactment of this Act. In the absence of such State 

3 law on the date of enactment of this Act, the term 

4 means an individual, employed by a public safety 

5 employer, who— 

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

7 employer to hire, direct, assign, promote, re8 ward, transfer, furlough, lay off, recall, sus9 pend, discipline, or remove public safety offi10 cers, to adjust their grievances, or to effectively 

11 recommend such action, if the exercise of the 

12 authority is not merely routine or clerical in na13 ture but requires the consistent exercise of 

14 independent judgment; and 

15 (B) devotes a preponderance of employ16 ment time exercising such authority. 

17 (7) The term ‘‘management employee’’ has the 

18 meaning given such term, or a substantially equiva19 lent term, under applicable State law in effect on the 

20 date of enactment of this Act. If no such State law 

21 is in effect, the term means an individual employed 

22 by a public safety employer in a position that re23 quires or authorizes the individual to formulate, de24 termine, or influence the policies of the employer. 


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1 (8) The terms ‘‘employer’’ and ‘‘public safety 

2 agency’’ mean any State, political subdivision of a 

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

4 possession of the United States that employs public 

5 safety officers. 

6 (9) The term ‘‘labor organization’’ means an 

7 organization composed in whole or in part of em8 ployees, in which employees participate, and the pur9 pose of which is to represent such employees before 

10 public safety agencies concerning grievances, condi11 tions of employment and related matters. 

12 (10) The term ‘‘substantially provides’’ means 

13 substantial compliance with the rights and respon14 sibilities described in section 4(b). 

15 SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL16 ITIES. 

17 (a) DETERMINATION.— 

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

19 after the date of enactment of this Act, the Author20 ity shall make a determination as to whether a State 

21 substantially provides for the rights and responsibil22 ities described in subsection (b). In making such de23 terminations, the Authority shall consider the opin24 ion of affected employers and labor organizations. 

25 Where the Authority is notified by an employer and 


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1 an affected labor organization that both parties 

2 agree that the law applicable to such employer and 

3 labor organization substantially provides for the 

4 rights and responsibilities described in subsection 

5 (b), the Authority shall give such agreement weight 

6 to the maximum extent practicable in making its de7 termination under this subsection. 

8 (2) SUBSEQUENT DETERMINATIONS.—(A) A 

9 determination made pursuant to paragraph (1) shall 

10 remain in effect unless and until the Authority 

11 issues a subsequent determination, in accordance 

12 with the procedures set forth in subparagraph (B). 

13 (B) An employer or a labor organization may 

14 submit a written request for a subsequent deter15 mination, on the basis of a material change in State 

16 law or its interpretation. If the Authority determines 

17 that a material change in State law or its interpreta18 tion has occurred, the Authority shall issue a subse19 quent determination not later than 30 days after re20 ceipt of such request. 

21 (3) JUDICIAL REVIEW.—Any person aggrieved 

22 by a determination of the Authority under this sec23 tion may, during the 60-day period beginning on the 

24 date on which the determination was made, petition 

25 any United States Court of Appeals in the circuit in 


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1 which the person resides or transacts business or in 

2 District of Columbia circuit, for judicial review. In 

3 any judicial review of a determination by the Au4 thority, the procedures contained in section 7123(c) 

5 of title 5, United States Code, shall be followed. 

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

7 determination described in subsection (a), the Authority 

8 shall consider a State’s law to provide adequate rights and 

9 responsibilities unless such law fails to substantially pro10 vide rights and responsibilities comparable to or greater 

11 than each of the following: 

12 (1) Granting public safety officers the right to 

13 form and join a labor organization, which may ex14 clude management and supervisory employees, that 

15 is, or seeks to be, recognized as the exclusive bar16 gaining representative of such employees. 

17 (2) Requiring public safety employers to recog18 nize the employees’ labor organization (freely chosen 

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

20 with the labor organization, and to commit any 

21 agreements to writing in a contract or memorandum 

22 of understanding. 

23 (3) Providing for bargaining over hours, wages, 

24 and terms and conditions of employment. 


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1 (4) Making available an interest impasse resolu2 tion mechanism, such as fact-finding, mediation, ar3 bitration, or comparable procedures. 

4 (5) Requiring enforcement through State courts 

5 of— 

6 (A) all rights, responsibilities, and protec7 tions provided by State law and enumerated in 

8 this subsection; and 

9 (B) any written contract or memorandum 

10 of understanding. 

11 (c) FAILURE TO MEET REQUIREMENTS.— 

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

13 acting pursuant to its authority under subsection 

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

15 the rights and responsibilities described in sub16 section (b), such State shall be subject to the regula17 tions and procedures described in section 5. 

18 (2) EFFECTIVE DATE.—Paragraph (1) shall 

19 apply in each State on the later of— 

20 (A) 2 years after the date of enactment of 

21 this Act; or 

22 (B) the date of the end of the first regular 

23 session of the legislature of that State that be24 gins after the date of the enactment of this Act. 


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1 SEC. 5. ROLE OF THE AUTHORITY. 

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

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

4 regulations establishing procedures which provide the 

5 rights and responsibilities described in section 4(b) for 

6 public safety employers and officers in States which the 

7 Authority has determined, acting pursuant to its authority 

8 under section 4(a), do not substantially provide for such 

9 rights and responsibilities. 

10 (b) ROLE OF THE FEDERAL LABOR RELATIONS AU11 THORITY.—The Authority, to the extent provided in this 

12 Act and in accordance with regulations prescribed by the 

13 Authority, shall— 

14 (1) determine the appropriateness of units for 

15 labor organization representation; 

16 (2) supervise and conduct elections to deter17 mine whether a labor organization has been selected 

18 as an exclusive representative by a voting majority 

19 of the employees in an appropriate unit; 

20 (3) resolve issues relating to the duty to bar21 gain in good faith; 

22 (4) conduct hearings and resolve complaints of 

23 unfair labor practices; 

24 (5) resolve exceptions to the awards of arbitra25 tors; 


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

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

3 from any such activity, freely and without fear of 

4 penalty or reprisal, and protect each employee in the 

5 exercise of such right; 

6 (7) if the Authority finds that any State is not 

7 in compliance with the regulations prescribed under 

8 subsection (a), direct compliance by such State by 

9 order; and 

10 (8) take such other actions as are necessary 

11 and appropriate to effectively administer this Act, 

12 including issuing subpoenas requiring the attendance 

13 and testimony of witnesses and the production of 

14 documentary or other evidence from any place in the 

15 United States, and administering oaths, taking or 

16 ordering the taking of depositions, ordering re17 sponses to written interrogatories, and receiving and 

18 examining witnesses. 

19 (c) ENFORCEMENT.— 

20 (1) PETITION BY AUTHORITY.—If a State fails 

21 to comply with a final order issued by the Authority, 

22 the Authority shall petition any United States Court 

23 of Appeals with jurisdiction over the parties or the 

24 United States Court of Appeals for the District of 

25 Columbia Circuit to enforce any final orders under 


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1 this section, and for appropriate temporary relief or 

2 a restraining order. Any petition under this section 

3 shall be conducted in accordance with section 

4 7123(c) and (d) of title 5, United States Code, ex5 cept that any final order of the Authority with re6 spect to questions of fact shall be found to be con7 clusive unless the court determines that the 

8 Authority’s decision was arbitrary and capricious. 

9 (2) RIGHT OF ACTION.—Unless the Authority 

10 has filed a petition for enforcement as provided in 

11 paragraph (1), any interested party shall have the 

12 right to file suit against any political subdivision of 

13 a State, or, if the State has waived its sovereign im14 munity, against the State itself, in any district court 

15 of the United States of competent jurisdiction to en16 force compliance with the regulations issued by the 

17 Authority pursuant to subsection (b), to enforce 

18 compliance with any order issued by the Authority 

19 pursuant to this section, or to enforce section 6 of 

20 this Act. The right provided by this paragraph to 

21 bring a suit to enforce compliance with any order 

22 issued by the Authority pursuant to this section 

23 shall terminate upon the filing of a petition seeking 

24 the same relief by the Authority under paragraph 

25 (1). 


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1 SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 

2 Notwithstanding any rights or responsibilities pro3 vided under State law or under regulations issued by the 

4 Authority under section 5— 

5 (1) a public safety employer may not engage in 

6 a lockout of public safety officers; 

7 (2) public safety officers may not engage in a 

8 strike against such public safety employer; and 

9 (3) a labor organization may not call for a 

10 strike by public safety officers against their public 

11 safety employer. 

12 SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 

13 AGREEMENTS. 

14 This Act and the regulations issued under this Act 

15 shall not be construed to invalidate a certification, recogni16 tion, collective bargaining agreement, or memorandum of 

17 understanding which has been issued, approved, or ratified 

18 by any public employee relations board or commission or 

19 by any State or political subdivision or its agents (manage20 ment officials) in effect on the day before the date of en21 actment of this Act, or the results of any election held 

22 before the date of enactment of this Act. 

23 SEC. 8. CONSTRUCTION, COMPLIANCE, AND ENFORCE24 MENT. 

25 (a) CONSTRUCTION.—Nothing in this Act or the reg26 ulations issued under this Act shall be construed— 


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

2 and procedures of any law of any State or political 

3 subdivision of any State or jurisdiction that substan4 tially provides greater or comparable rights and re5 sponsibilities described in section 4(b); 

6 (2) to prevent a State from enforcing a State 

7 law which prohibits employers and labor organiza8 tions from negotiating provisions in a labor agree9 ment that require union membership or payment of 

10 union fees as a condition of employment; 

11 (3) to preempt any State law in effect on the 

12 date of enactment of this Act that substantially pro13 vides for the rights and responsibilities described in 

14 section 4(b) solely because— 

15 (A) such State law permits an employee to 

16 appear in his or her own behalf with respect to 

17 his or her employment relations with the public 

18 safety agency involved; 

19 (B) such State law excludes from its cov20 erage employees of a state militia or national 

21 guard; 

22 (C) such rights and responsibilities have 

23 not been extended to other categories of em24 ployees covered by this Act, in which case the 

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1 vided in section 5 of this Act with respect to 

2 those categories of employees who have not 

3 been afforded the rights and responsibilities de4 scribed in section 4(b); or 

5 (D) such laws or ordinances provide that a 

6 contract or memorandum of understanding be7 tween a public safety employer and a labor or8 ganization must be presented to a legislative 

9 body as part of the process for approving such 

10 contract or memorandum of understanding; 

11 (4) to permit parties in States subject to the 

12 regulations and procedures described in section 5 to 

13 negotiate provisions that would prohibit an employee 

14 from engaging in part-time employment or volunteer 

15 activities during off-duty hours; 

16 (5) to require a State to rescind or preempt 

17 laws or ordinances of any of its political subdivisions 

18 if such laws substantially provide rights and respon19 sibilities for public safety officers that are com20 parable to or greater than the rights and responsibil21 ities enumerated in section 4(b) of this Act; or 

22 (6) preempt any State law that substantially 

23 provides for the rights and responsibilities described 

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1 quire bargaining with respect to pension and retire2 ment benefits. 

3 (b) PARTIAL EXEMPTION.—A State may exempt 

4 from its State law, or from the requirements established 

5 under this Act, a political subdivision of the State that 

6 has a population of less than 5,000 or that employs fewer 

7 than 25 full time employees. For purposes of this sub8 section, the term ‘‘employees’’ includes each individual em9 ployed by the political subdivision except any individual 

10 elected by popular vote or appointed to serve on a board 

11 or commission. 

12 (c) ENFORCEMENT.—Notwithstanding any other pro13 vision of the Act, and in the absence of a waiver of a 

14 State’s sovereign immunity, the Authority shall have the 

15 exclusive power to enforce the provisions of this Act with 

16 respect to public safety officers employed by a State. 

17 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

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

20 Act. 

Æ 


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