II 

116TH CONGRESS 

1ST SESSION S. 1970 

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 SENATE OF THE UNITED STATES 

JUNE 25, 2019 

Ms. HIRONO (for herself, Mr. SCHUMER, Mrs. MURRAY, Mr. BROWN, Mr. 

SCHATZ, Mr. BLUMENTHAL, Mrs. GILLIBRAND, Mr. REED, Mr. WHITEHOUSE, Mr. DURBIN, Mr. BOOKER, Mr. CARDIN, Ms. SMITH, Ms. HASSAN, Mr. MENENDEZ, Ms. STABENOW, Ms. CANTWELL, Ms. BALDWIN, 

Ms. HARRIS, Mr. CASEY, Mrs. SHAHEEN, Mr. VAN HOLLEN, Ms. CORTEZ MASTO, Mr. COONS, Mr. CARPER, Mr. SANDERS, Ms. KLOBUCHAR, 

Mr. WYDEN, Mr. PETERS, Ms. WARREN, Mr. MERKLEY, Mr. MARKEY, 

Ms. ROSEN, Mr. UDALL, Ms. DUCKWORTH, and Mr. LEAHY) introduced 

the following bill; which was read twice and referred to the Committee 

on Health, Education, Labor, and Pensions 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Public Service Free3 dom to Negotiate Act of 2019’’. 

4 SEC. 2. DEFINITIONS. 

5 (a) IN GENERAL.—In this Act: 

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

7 the Federal Labor Relations Authority. 

8 (2) APPROPRIATE UNIT.—The term ‘‘appro9 priate unit’’ means a bargaining unit of public em10 ployees or supervisory employees that share a com11 munity of interest, have a bargaining history or his12 tory of prior organization, and represent the desires 

13 of employees seeking representation. 

14 (3) COLLECTIVE BARGAINING.—The term ‘‘col15 lective bargaining’’, used with respect to public em16 ployees, supervisory employees, and public employ17 ers, means the performance of the mutual obligation 

18 of the representative of a public employer and the 

19 exclusive representative of public employees and su20 pervisory employees in an appropriate unit of the 

21 employer to meet at reasonable times and to consult 

22 and bargain in a good-faith effort to reach agree23 ment with respect to wages, hours, and other terms 

24 and conditions of employment affecting such employ25 ees and to execute, if requested by either party, a 

26 written document incorporating any collective barVerDate Sep 11 2014 19:58 Jul 01, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1970.IS S1970

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1 gaining agreement reached, but the obligation re2 ferred to in this paragraph does not compel either 

3 party to agree to a proposal or to make a concession 

4 (as described in section 8(d) of the National Labor 

5 Relations Act (29 U.S.C. 158(d))). 

6 (4) CONFIDENTIAL EMPLOYEE.—The term 

7 ‘‘confidential employee’’ means an employee of a 

8 public employer who acts in a confidential capacity 

9 with respect to an individual who formulates or ef10 fectuates management policies in the field of labor11 management relations. 

12 (5) COVERED PERSON.—The term ‘‘covered 

13 person’’ means an individual or a labor organization. 

14 (6) EMERGENCY SERVICES EMPLOYEE.—The 

15 term ‘‘emergency services employee’’ means— 

16 (A) a public employee providing out-of-hos17 pital emergency medical care, including an 

18 emergency medical technician, paramedic, or 

19 first responder; or 

20 (B) a public employee providing other serv21 ices in response to emergencies that have the 

22 potential to cause death or serious bodily in23 jury, including an employee in fire protection 

24 activities (as defined in section 3 of the Fair 

25 Labor Standards Act of 1938 (29 U.S.C. 203)). 


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1 (7) EMPLOY.—The term ‘‘employ’’ has the 

2 meaning given the term in section 3 of the Fair 

3 Labor Standards Act of 1938 (29 U.S.C. 203). 

4 (8) LABOR ORGANIZATION.—The term ‘‘labor 

5 organization’’ means any organization of any kind 

6 that is not under the control directly or indirectly by 

7 a public employer in which such employees partici8 pate and which exists for the purpose, in whole or 

9 in part, of dealing with public employers concerning 

10 grievances, labor disputes, wages, rates of pay, hours 

11 of employment, or conditions of work. 

12 (9) LAW.—The term ‘‘law’’, used with respect 

13 to a State or a political subdivision thereof, includes 

14 the application of the laws of such State or such po15 litical subdivision, including any regulations or ordi16 nances issued by such State or such political subdivi17 sion. 

18 (10) LAW ENFORCEMENT OFFICER.—The term 

19 ‘‘law enforcement officer’’ has the meaning given 

20 such term in section 1204 of the Omnibus Crime 

21 Control and Safe Streets Act of 1968 (34 U.S.C. 

22 10284). 

23 (11) MANAGEMENT EMPLOYEE.—The term 

24 ‘‘management employee’’ means an individual em25 ployed by a public employer in a position the duties 


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1 and responsibilities of which require the individual to 

2 formulate or determine the policies of the employer. 

3 (12) PUBLIC EMPLOYEE.— 

4 (A) IN GENERAL.—The term ‘‘public em5 ployee’’— 

6 (i) means, except as provided in clause 

7 (iii), an individual, employed by a public 

8 employer, who in any workweek is engaged 

9 in commerce or is employed in an enter10 prise engaged in commerce; 

11 (ii) includes an individual described in 

12 clause (i) who is temporarily transferred to 

13 a supervisory or management position; and 

14 (iii) does not include a supervisory 

15 employee, management employee, or con16 fidential employee, or an elected official. 

17 (B) COMMERCE; ENTERPRISE ENGAGED IN

18 COMMERCE.—For the purpose of this para19 graph, the terms ‘‘commerce’’ and ‘‘enterprise 

20 engaged in commerce’’ have the meanings given 

21 such terms in section 3 of the Fair Labor 

22 Standards Act of 1938 (29 U.S.C. 203). 

23 (13) PUBLIC EMPLOYER.—The term ‘‘public 

24 employer’’ means any of the following that employs 

25 individuals: 


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1 (A) A State or the political subdivision of 

2 a State, including a territory or political sub3 division of a territory. 

4 (B) Any authority, agency, school district, 

5 board or other entity controlled and operated by 

6 an entity described in subparagraph (A). 

7 (14) STATE.—The term ‘‘State’’ means each of 

8 the several States of the United States, the District 

9 of Columbia, and any territory or possession of the 

10 United States (as defined in section 3 of the Fair 

11 Labor Standards Act of 1938 (29 U.S.C. 203)). 

12 (15) SUBSTANTIALLY PROVIDE OR SUBSTAN13 TIALLY PROVIDES.—The term ‘‘substantially pro14 vide’’ or ‘‘substantially provides’’, used with respect 

15 to the rights and procedures described in section 

16 3(b), means providing rights and procedures that 

17 are equivalent to or greater than each of the rights 

18 and procedures described in such section. 

19 (16) SUPERVISORY EMPLOYEE.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the term ‘‘supervisory em22 ployee’’ means an individual, employed by a 

23 public employer, who in any workweek is en24 gaged in commerce or is employed in an enter25 prise engaged in commerce and who— 


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1 (i) has the authority in the interest of 

2 the employer, if the exercise of such au3 thority is not merely routine or clerical in 

4 nature but requires the consistent exercise 

5 of independent judgment, to— 

6 (I) hire, promote, reward, trans7 fer, furlough, lay off, recall, suspend, 

8 discipline, or remove public employees; 

9 (II) adjust the grievances of pub10 lic employees; or 

11 (III) effectively recommend any 

12 action described in subclause (I) or 

13 (II); and 

14 (ii) devotes a majority of time at work 

15 to exercising the authority under clause (i). 

16 (B) COMMERCE; ENTERPRISE ENGAGED IN

17 COMMERCE.—For the purpose of this para18 graph, the terms ‘‘commerce’’ and ‘‘enterprise 

19 engaged in commerce’’ have the meanings given 

20 such terms in section 3 of the Fair Labor 

21 Standards Act of 1938 (29 U.S.C. 203). 

22 (b) STATE LAW.—If any term defined in this section 

23 has a substantially equivalent meaning to the term (or a 

24 substantially equivalent term) under applicable State law 

25 on the date of the enactment of this Act, such term (or 


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1 substantially equivalent term) and meaning under such 

2 applicable State law shall apply with respect to the term 

3 defined under this Act with respect to such State. 

4 SEC. 3. FEDERAL MINIMUM STANDARDS. 

5 (a) DETERMINATION.— 

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

7 after the date of enactment of this Act, the Author8 ity shall make a determination for each State as to 

9 whether the laws of such State substantially provide 

10 for each of the rights and procedures under sub11 section (b) and not later than 30 days after the en12 actment of this Act, the Authority shall establish 

13 procedures for the implementation of this section. 

14 (2) CONSIDERATION OF ADDITIONAL OPIN15 IONS.—In making the determination under para16 graph (1), the Authority shall consider the opinions 

17 of affected public employees, supervisory employees, 

18 labor organizations, and public employers. In the 

19 case where the Authority is notified by an affected 

20 public employer and labor organization that both 

21 parties agree that the law applicable to such em22 ployer and labor organization substantially provides 

23 for the rights and procedures described in subsection 

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


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1 to the maximum extent practicable in making the 

2 Authority’s determination under paragraph (1). 

3 (3) LIMITED CRITERIA.—In making the deter4 mination described in paragraph (1), the Authority 

5 may consider the criteria described in subsection (b) 

6 and not any other criteria. 

7 (4) SUBSEQUENT DETERMINATIONS.— 

8 (A) IN GENERAL.—A determination made 

9 pursuant to paragraph (1) shall remain in ef10 fect unless and until the Authority issues a sub11 sequent determination, in accordance with the 

12 procedures set forth in subparagraph (B). 

13 (B) REQUEST.—A public employee, super14 visory employee, public employer, or labor orga15 nization may submit to the Authority a written 

16 request for a subsequent determination under 

17 paragraph (1) with respect to a State if a mate18 rial change of law in the State has occurred. 

19 (C) ISSUANCE.—Not later than 30 days 

20 after receipt of a request under subparagraph 

21 (B), the Authority shall issue a subsequent de22 termination under paragraph (1) if satisfied 

23 that a material change of law in the State has 

24 occurred. 


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1 (5) JUDICIAL REVIEW.—Any covered person or 

2 public employer aggrieved by a determination of the 

3 Authority under paragraph (1) may, during the 60- 

4 day period beginning on the date on which the deter5 mination was made, petition any United States 

6 Court of Appeals, in the circuit in which the covered 

7 person or public employer resides or transacts busi8 ness or in the Court of Appeals for the District of 

9 Columbia Circuit, for judicial review. In any judicial 

10 review of a determination made by the Authority 

11 under paragraph (1), the procedures contained in 

12 subsections (c) and (d) of section 7123 of title 5, 

13 United States Code, shall be followed. 

14 (b) FEDERAL MINIMUM STANDARD.—The collective 

15 bargaining rights and procedures under this subsection 

16 are as follows: 

17 (1) A right of public employees and supervisory 

18 employees— 

19 (A) to self-organization; 

20 (B) to form, join, or assist a labor organi21 zation or to refrain from any such activity; 

22 (C) to bargain collectively through rep23 resentatives of their own choosing; and 

24 (D) to engage in other concerted activities 

25 for the purpose of collective bargaining or other 


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1 mutual aid (including the filing of joint class or 

2 collective legal claims) or protection. 

3 (2) A requirement for public employers to— 

4 (A) recognize the labor organization of its 

5 public employees (freely chosen in an election 

6 by a majority of such employees voting in the 

7 appropriate unit or chosen by voluntary rec8 ognition if that method is permitted under 

9 State law), without requiring an election to re10 certify a labor organization that is already rec11 ognized as the representative of such employees, 

12 unless not less than 30 percent of such employ13 ees in the appropriate unit freely sign a petition 

14 to decertify such labor organization— 

15 (i) not earlier than the date that is 1 

16 year after the date of the election (or after 

17 a voluntary recognition if permitted under 

18 State law) of the representative; 

19 (ii) if a valid collective bargaining 

20 agreement covering such employees and 

21 labor organization expires, not earlier than 

22 the date that is 1 year after the expiration 

23 of such agreement; and 

24 (iii) not during the term of a valid col25 lective bargaining agreement covering such 


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1 employees and labor organization, except 

2 for the 30-day period beginning on the 

3 date that is 90 days before the expiration 

4 of such agreement; 

5 (B) collectively bargain with such recog6 nized labor organization; and 

7 (C) commit any agreements with such rec8 ognized labor organization to writing in a con9 tract or memorandum of understanding. 

10 (3) An interest impasse resolution mechanism 

11 that includes a procedure for the settlement of griev12 ances (including fact-finding, mediation, and arbitra13 tion) and culminates in binding arbitration. 

14 (4) Payroll deduction of labor organization fees 

15 for any duly selected representative of public em16 ployees and supervisory employees pursuant to the 

17 terms of an authorization executed by such public 

18 employees. 

19 (5) The enforcement of all relevant rights and 

20 protections provided by the law in the applicable 

21 State and enumerated in this section, and of any 

22 written contract or memorandum of understanding 

23 between a labor organization and a public employer, 

24 through— 


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1 (A) a State administrative agency, if the 

2 State so chooses; 

3 (B) at the election of an aggrieved party, 

4 the State courts; or 

5 (C) in the case of an alleged violation, mis6 interpretation, or misapplication of the contract 

7 or memorandum of understanding, a grievance 

8 resolution procedure negotiated in such contract 

9 or memorandum. 

10 (c) COMPLIANCE WITH RIGHTS AND PROCE11 DURES.—If the Authority determines under subsection (a) 

12 that the laws of a State substantially provide each of the 

13 rights and procedures described in subsection (b), then 

14 subsection (d) shall not apply. 

15 (d) FAILURE TO SUBSTANTIALLY PROVIDE.— 

16 (1) IN GENERAL.—If the Authority determines 

17 under subsection (a) that the laws of a State do not 

18 substantially provide for each of the rights and pro19 cedures described in subsection (b), then such State 

20 shall be subject to the rules and activities of the Au21 thority under section 4 beginning on the later of— 

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

23 of enactment of this Act; 

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

25 first regular session of the legislature of the 


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1 State that begins after the date of the enact2 ment of this Act; or 

3 (C) in the case of a State receiving a sub4 sequent determination under subsection (a)(4), 

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

6 session of the legislature of the State that be7 gins after the date the Authority made the de8 termination. 

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

10 a determination that a State does not substantially 

11 provide for each of the rights and procedures de12 scribed in subsection (b) because the State fails to 

13 substantially provide for all of such rights and pro14 cedures with respect to all public employees or su15 pervisory employees, the Authority shall identify— 

16 (A) the categories of public employees or 

17 supervisory employees of such State that shall 

18 be subject to the rules and activities of the Au19 thority under section 4, pursuant to section 

20 7(b)(4), beginning on the applicable date under 

21 paragraph (1); 

22 (B) the categories of public employees and 

23 supervisory employees of such State that shall 

24 not be subject to the rules and activities of the 

25 Authority under section 4; 


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1 (C) the categories of rights and procedures 

2 described in subsection (b) for which the State 

3 does not substantially provide for certain public 

4 employees and supervisory employees; and 

5 (D) the categories of rights and procedures 

6 described in such subsection for which the State 

7 substantially provides for all employees. 

8 SEC. 4. MINIMUM STANDARDS ADMINISTERED BY THE FED9 ERAL LABOR RELATIONS AUTHORITY. 

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

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

12 rules and take such actions that the Authority determines 

13 appropriate to establish and administer collective bar14 gaining rights and procedures that substantially provide 

15 for the rights and procedures described in section 3(b) for 

16 States described in section 3(d). 

17 (b) ROLE OF THE FEDERAL LABOR RELATIONS AU18 THORITY.—In carrying out subsection (a), the Authority 

19 shall— 

20 (1) protect the right of public employees— 

21 (A) to self-organization; 

22 (B) to form, join, or assist any labor orga23 nization or to refrain from any such activity; 

24 (C) to bargain collectively through rep25 resentatives of their own choosing; and 


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1 (D) to engage in other concerted activities 

2 for the purpose of collective bargaining or other 

3 mutual aid (including the filing of joint class or 

4 collective legal claims) or protection; 

5 (2) supervise or conduct elections to determine 

6 whether a labor organization has been selected as an 

7 exclusive representative by a majority of the public 

8 employees and supervisory employees voting in such 

9 election in an appropriate unit; 

10 (3) provide for the payroll deduction of labor 

11 organization fees to any such duly elected exclusive 

12 representative pursuant to the terms of an author13 ization executed by a public employee or supervisory 

14 employee; 

15 (4) determine the appropriateness of units for 

16 labor organization representation; 

17 (5) require public employers to— 

18 (A) recognize the labor organization of its 

19 public employees or supervisory employees 

20 (freely chosen by a majority of such employees 

21 voting in the appropriate unit) as the exclusive 

22 representative of such employees; 

23 (B) bargain in good faith with such labor 

24 organization concerning public employees’ or 

25 supervisory employees’ terms and conditions of 


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1 employment, which shall include a procedure for 

2 the settlement of grievances culminating in 

3 binding arbitration in any agreement and a pro4 cedure for resolving any impasses in collective 

5 bargaining; and 

6 (C) commit any agreements to writing in a 

7 contract or memorandum of understanding; 

8 (6) prohibit practices which interfere with, co9 erce, or intimidate public employees or supervisory 

10 employees in the exercise of rights guaranteed in 

11 paragraph (1) or regulations issued thereunder; 

12 (7) conduct hearings and resolve complaints 

13 concerning violations of any rule or order issued by 

14 the Authority pursuant to this Act; 

15 (8) resolve exceptions to the awards of arbitra16 tors that violate or exceed the scope of public policy; 

17 and 

18 (9) 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, administering oaths, taking or order24 ing the taking of depositions, ordering responses to 


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1 written interrogatories, and receiving and examining 

2 witnesses. 

3 (c) ENFORCEMENT.— 

4 (1) IN GENERAL.—The Authority may issue an 

5 order directing compliance by any covered person or 

6 public employer found to be in violation of this sec7 tion, and may petition any United States Court of 

8 Appeals with jurisdiction over the parties, or the 

9 United States Court of Appeals for the District of 

10 Columbia Circuit, to enforce any such final orders 

11 issued pursuant to this section or pursuant to rules 

12 issued under this section, and for appropriate tem13 porary relief or a restraining order. Any covered per14 son or public employer aggrieved by an order issued 

15 by the Authority under this section may, during the 

16 60-day period beginning on the date on which the 

17 order was issued, petition any United States Court 

18 of Appeals, in the circuit which the covered person 

19 or public employer resides or transacts business or 

20 in the Court of Appeals for the District of Columbia 

21 Circuit, for judicial review. Any petition or appeal 

22 under this section shall be conducted in accordance 

23 with subsections (c) and (d) of section 7123 of title 

24 5, United States Code. 

25 (2) PRIVATE RIGHT OF ACTION.— 


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1 (A) FILING A CIVIL ACTION.—Unless the 

2 Authority has filed an order of enforcement as 

3 provided in paragraph (1), any party may, after 

4 the 180-day period following the filing of a 

5 charge with the Authority pursuant to the rules 

6 issued by the Authority under this section, file 

7 a civil action against any named State adminis8 trator in an appropriate district court of the 

9 United States to enjoin such administrator to 

10 enforce compliance— 

11 (i) with this Act or the rules issued by 

12 the Authority under this section; or 

13 (ii) to enforce compliance with any 

14 order issued by the Authority. 

15 (B) TIMING.—Any civil action brought 

16 under subparagraph (A) shall be brought not 

17 later than the earlier of— 

18 (i) the date that is 180 days after the 

19 expiration of the 180-day period described 

20 in subparagraph (A); or 

21 (ii) the date that is 180 days after the 

22 date that the Authority dismisses a charge 

23 described in subparagraph (A). 

24 (C) NOTICE.—A party filing a civil action 

25 under subparagraph (A) shall provide notice of 


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1 such action to the Authority not later than the 

2 date of the filing of such action. 

3 (D) JURISDICTION AND ATTORNEYS’ 

4 FEES.—An appropriate district court of the 

5 United States in which a civil action under sub6 paragraph (A) is filed shall have jurisdiction 

7 over such action without regard to the amount 

8 in controversy or the citizenship of the parties 

9 and may award reasonable attorneys’ fees. 

10 SEC. 5. LOCKOUTS AND EMPLOYEE STRIKES PROHIBITED 

11 WHEN EMERGENCY OR PUBLIC SAFETY SERV12 ICES IMPERILED. 

13 (a) IN GENERAL.—Subject to subsection (b), any em14 ployer, emergency services employee, or law enforcement 

15 officer subject to the rules and activities of the Authority 

16 under section 4 may not engage in a lockout, strike, or 

17 any other organized job action of which a reasonably prob18 able result is a measurable disruption of the delivery of 

19 emergency or public safety services. No labor organization 

20 may cause or attempt to cause a violation of this sub21 section. 

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

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

24 subdivision of any State with respect to strikes by emer25 gency services employees or law enforcement officers. 


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1 SEC. 6. EXISTING COLLECTIVE BARGAINING UNITS AND 

2 AGREEMENTS. 

3 The enactment of this Act shall not invalidate any 

4 certification, recognition, result of an election, collective 

5 bargaining agreement, or memorandum of understanding 

6 that— 

7 (1) has been issued, approved, or ratified by 

8 any public employee relations board or commission, 

9 or by any State or political subdivision or an agent 

10 or management official of such State or political 

11 subdivision; and 

12 (2) is in effect on the day before the date of en13 actment of this Act. 

14 SEC. 7. EXCEPTIONS. 

15 (a) IN GENERAL.—The Authority shall not make a 

16 determination under section 3(a) that the laws of a State 

17 do not substantially provide for the rights and procedures 

18 under section 3(b) on the basis that relevant laws in the 

19 State— 

20 (1) permit a public employee or supervisory em21 ployee to appear on the employee’s own behalf with 

22 respect to the relationship of the public employee or 

23 supervisory employee with the public employer in24 volved; 

25 (2) do not cover public employees or supervisory 

26 employees of the State militia or national guard; or 


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1 (3) do not apply to a political subdivision of a 

2 State if— 

3 (A) such political subdivision has a popu4 lation of fewer than 5,000 people or employs 

5 fewer than 25 public employees; and 

6 (B) the State in which such political sub7 division is located notifies the Authority that 

8 such subdivision is exempt from such laws be9 fore the date on which the Authority makes the 

10 determination. 

11 (b) COMPLIANCE.— 

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

13 shall be construed to require a State to rescind or 

14 preempt the laws of any political subdivision of the 

15 State if such laws substantially provide for the 

16 rights and procedures described in section 3(b). 

17 (2) ACTIONS OF THE DISTRICT OF COLUM18 BIA.—Nothing in this Act or in the rules issued 

19 under this Act shall be construed— 

20 (A) to require the District of Columbia to 

21 rescind— 

22 (i) section 501 of the District of Co23 lumbia Government Comprehensive Merit 

24 Personnel Act of 1978 (1–605.01, D.C. 

25 Official Code), establishing the Public EmVerDate Sep 11 2014 19:58 Jul 01, 2019 Jkt 034408 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1970.IS S1970

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1 ployee Relations Board of the District of 

2 Columbia; or 

3 (ii) section 502 of such Act (1– 

4 605.02, D.C. Official Code), establishing 

5 the power of the Board; 

6 (B) to preempt the laws described in sub7 paragraph (A); or 

8 (C) to limit or alter the powers of the gov9 ernment of the District of Columbia pursuant 

10 to the District of Columbia Home Rule Act 

11 (Public Law 93–198; 1–201.01 et seq., D.C. 

12 Official Code). 

13 (3) ACTIONS OF THE AUTHORITY.—Nothing in 

14 this Act shall be construed to preempt— 

15 (A) the laws of any State or political sub16 division of a State that substantially provide for 

17 the rights and procedures described in section 

18 3(b); 

19 (B) the laws of any State or political sub20 division of a State that substantially provide for 

21 the rights and procedures described in section 

22 3(b), solely because such laws provide that a 

23 contract or memorandum of understanding be24 tween a public employer and a labor organiza25 tion must be presented to a legislative body as 


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1 part of the process for approving such contract 

2 or memorandum of understanding; or 

3 (C) the laws of any State or political sub4 division of a State that permit or require a pub5 lic employer to recognize a labor organization 

6 on the basis of signed authorizations executed 

7 by employees designating the labor organization 

8 as their representative. 

9 (4) LIMITED ENFORCEMENT POWER.—In the 

10 case of a law described in section 3(d)(2), the Au11 thority shall only exercise the authority under sec12 tion 4 with respect to the categories of public em13 ployees or supervisory employees for whom State law 

14 does not substantially provide the rights and proce15 dures described in section 3(b). 

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as may be necessary to carry out this Act. 

Æ 


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