I 

108TH CONGRESS 

1ST SESSION H. R. 814

To provide collective bargaining rights for public safety officers employed 

by States or their political subdivisions. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. KILDEE (for himself, Mr. NEY, Mr. ANDREWS, Mr. FERGUSON, Mr. 

ISRAEL, Mr. KIND, Mr. KING of New York, Mrs. MCCARTHY of New 

York, Mr. GEORGE MILLER of California, Mr. OBERSTAR, Mr. PAYNE, 

Mr. PLATTS, Mr. QUINN, Mr. SHIMKUS, and Ms. WOOLSEY) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

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 2003’’. 

6 SEC. 2. DECLARATION OF PURPOSE AND POLICY. 

7 Congress declares that the following is the policy of 

8 the United States: 
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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 public safety mission in a 

8 quality work environment. In many public safety 

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

11 come and go. 

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

13 best interests 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 needs to encour17 age conciliation, mediation, and voluntary arbitra18 tion to aid and encourage employers and the rep19 resentatives of their employees to reach and main20 tain agreements concerning rates of pay, hours, and 

21 working conditions, and to make all reasonable ef22 forts through negotiations to settle their differences 

23 by mutual agreement reached through collective bar24 gaining or by such methods as may be provided for 
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1 in any applicable agreement for the settlement of 

2 disputes. 

3 (4) The absence of adequate cooperation be4 tween public safety employers and employees has im5 plications for the security of employees and can af6 fect interstate and intrastate commerce. Addition7 ally, the lack of such labor-management cooperation 

8 detrimentally impacts the upgrading of police and 

9 fire services of local communities, the health and 

10 well-being of public safety officers, and the morale of 

11 the fire and police departments. These factors could 

12 have significant commercial repercussions. Moreover, 

13 providing minimal standards for collective bar14 gaining negotiations in the public safety sector will 

15 prevent industrial strife between labor and manage16 ment that interferes with the normal flow of com17 merce. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

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

21 Labor Relations Authority. 

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

23 (A) means an employee of a public safety 

24 agency who is a law enforcement officer, a fire-
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1 fighter, or emergency medical services per2 sonnel; 

3 (B) includes an individual who is tempo4 rarily transferred to a supervisory or manage5 ment position; and 

6 (C) does not include a permanent super7 visory or management employee. 

8 (3) The term ‘‘firefighter’’ has the same mean9 ing given the term ‘employee engaged in fire protec10 tion activities’ defined in section 3 of the Fair Labor 

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

12 (4) The term ‘‘emergency medical services per13 sonnel’’ means an individual who provides out-of14 hospital emergency medical care, including an emer15 gency medical technician, paramedic, or first re16 sponder. 

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

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

19 the Omnibus Crime Control and Safe Streets Act of 

20 1968 (42 U.S.C. 3796b(5)). 

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

22 meaning given such term under applicable State law 

23 in effect on the date of enactment of this Act. If no 

24 such State law is in effect, the term means an indi25 vidual, employed by a public safety employer, who—
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1 (A) has the authority in the interest of the 

2 employer to hire, direct, assign, promote, re3 ward, transfer, furlough, lay off, recall, sus4 pend, discipline, or remove public safety offi5 cers, to adjust their grievances, or to effectively 

6 recommend such action, if the exercise of the 

7 authority is not merely routine or clerical in na8 ture but requires the consistent exercise of 

9 independent judgment; and 

10 (B) devotes a majority of time at work ex11 ercising such authority. 

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

13 meaning given such term under applicable State law 

14 in effect on the date of enactment of this Act. If no 

15 such State law is in effect, the term means an indi16 vidual employed by a public safety employer in a po17 sition that requires or authorizes the individual to 

18 formulate, determine, or influence the policies of the 

19 employer. 

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

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

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

23 possession of the United States that employs public 

24 safety officers. 
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1 (9) The term ‘‘labor organization’’ means an 

2 organization composed in whole or in part of em3 ployees, in which employees participate, and which 

4 represents such employees before public safety agen5 cies concerning grievances, conditions of employment 

6 and related matters. 

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

8 compliance with the essential requirements of this 

9 Act, specifically, the right to form and join a labor 

10 organization, the right to bargain over wages, hours 

11 and conditions of employment, the right to sign an 

12 enforceable contract, and availability of some form 

13 of mechanism to break an impasse, such as arbitra14 tion, mediation, or fact finding. 

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 and give 

24 weight, to the maximum extent practicable, to the 

25 opinion of affected employee organizations. 
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1 (2) SUBSEQUENT DETERMINATIONS.—(A) A 

2 determination made pursuant to paragraph (1) shall 

3 remain in effect unless and until the Authority 

4 issues a subsequent determination, in accordance 

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

6 (B) Upon establishing that a material change in 

7 State law or its interpretation has occurred, an em8 ployer or a labor organization may submit a written 

9 request for a subsequent determination. If satisfied 

10 that a material change in State law or its interpreta11 tion has occurred, the Director shall issue a subse12 quent determination not later than 30 days after re13 ceipt of such request. 

14 (3) JUDICIAL REVIEW.—Any person aggrieved 

15 by a determination of the Authority under this sec16 tion may, during the 60-day period beginning on the 

17 date on which the determination was made, petition 

18 any United States Court of Appeals in the circuit in 

19 which the person resides or transacts business or in 

20 District of Columbia circuit, for judicial review. In 

21 any judicial review of a determination by the Au22 thority, the procedures contained in section 7123(c) 

23 and (d) of title 5, United States Code, shall be fol24 lowed, except that any final determination of the Au25 thority with respect to questions of fact or law shall 
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1 be found to be conclusive unless the court deter2 mines that the Authority’s decision was arbitrary 

3 and capricious. 

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

5 determination described in subsection (a), the Authority 

6 shall consider whether State law provides rights and re7 sponsibilities comparable to or greater than the following: 

8 (1) Granting public safety officers the right to 

9 form and join a labor organization, which may ex10 clude management and supervisory employees, that 

11 is, or seeks to be, recognized as the exclusive bar12 gaining representative of such employees. 

13 (2) Requiring public safety employers to recog14 nize the employees’ labor organization (freely chosen 

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

16 with the labor organization, and to commit any 

17 agreements to writing in a contract or memorandum 

18 of understanding. 

19 (3) Permitting bargaining over hours, wages, 

20 and terms and conditions of employment. 

21 (4) Requiring an interest impasse resolution 

22 mechanism, such as fact-finding, mediation, arbitra23 tion or comparable procedures. 

24 (5) Requiring enforcement through State courts 

25 of—
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1 (A) all rights, responsibilities, and protec2 tions provided by State law and enumerated in 

3 this section; and 

4 (B) any written contract or memorandum 

5 of understanding. 

6 (c) FAILURE TO MEET REQUIREMENTS.—

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

8 acting pursuant to its authority under subsection 

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

10 the rights and responsibilities described in sub11 section (b), such State shall be subject to the regula12 tions and procedures described in section 5. 

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

14 take effect on the date that is 2 years after the date 

15 of enactment of this Act. 

16 SEC. 5. ROLE OF FLRA AUTHORITY. 

17 (a) IN GENERAL.—Not later than one year after the 

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

19 regulations in accordance with the rights and responsibil20 ities described in section 4(b) establishing collective bar21 gaining procedures for public safety employers and officers 

22 in States which the Authority has determined, acting pur23 suant to its authority under section 4(a), do not substan24 tially provide for such rights and responsibilities.
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1 (b) ROLE OF THE FEDERAL LABOR RELATIONS AU2 THORITY.—The Authority, to the extent provided in this 

3 Act and in accordance with regulations prescribed by the 

4 Authority, shall—

5 (1) determine the appropriateness of units for 

6 labor organization representation; 

7 (2) supervise or conduct elections to determine 

8 whether a labor organization has been selected as an 

9 exclusive representative by a majority of the employ10 ees in an appropriate unit; 

11 (3) resolve issues relating to the duty to bar12 gain in good faith; 

13 (4) conduct hearings and resolve complaints of 

14 unfair labor practices; 

15 (5) resolve exceptions to the awards of arbitra16 tors; 

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

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

19 from any such activity, freely and without fear of 

20 penalty or reprisal, and protect each employee in the 

21 exercise of such right; and 

22 (7) take such other actions as are necessary 

23 and appropriate to effectively administer this Act, 

24 including issuing subpoenas requiring the attendance 

25 and testimony of witnesses and the production of 
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1 documentary or other evidence from any place in the 

2 United States, and administering oaths, taking or 

3 ordering the taking of depositions, ordering re4 sponses to written interrogatories, and receiving and 

5 examining witnesses. 

6 (c) ENFORCEMENT.—

7 (1) The Authority may petition any United 

8 States Court of Appeals with jurisdiction over the 

9 parties or the United States Court of Appeals for 

10 the District of Columbia Circuit to enforce any final 

11 orders under this section, and for appropriate tem12 porary relief or a restraining order. Any petition 

13 under this section shall be conducted in accordance 

14 with section 7123(c) and (d) of title 5, United 

15 States Code, except that any final order of the Au16 thority with respect to questions of fact or law shall 

17 be found to be conclusive unless the court deter18 mines that the Authority’s decision was arbitrary 

19 and capricious. 

20 (2) Unless the Authority has filed a petition for 

21 enforcement as provided in paragraph (1), any party 

22 has the right to file suit in a State court of com23 petent jurisdiction to enforce compliance with the 

24 regulations issued by the Authority pursuant to sub25 section (b), and to enforce compliance with any 
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1 order issued by the Authority pursuant to this sec2 tion. The right provided by this subsection to bring 

3 a suit to enforce compliance with any order issued 

4 by the Authority pursuant to this section shall ter5 minate upon the filing of a petition seeking the same 

6 relief by the Authority. 

7 SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 

8 A public safety employer, officer, or labor organiza9 tion may not engage in a lockout or strike. 

10 SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 

11 AGREEMENTS. 

12 A certification, recognition, election-held, collective 

13 bargaining agreement or memorandum of understanding 

14 which has been issued, approved, or ratified by any public 

15 employee relations board or commission or by any State 

16 or political subdivision or its agents (management offi17 cials) in effect on the day before the date of enactment 

18 of this Act shall not be invalidated by the enactment of 

19 this Act. 

20 SEC. 8. CONSTRUCTION AND COMPLIANCE. 

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

22 construed—

23 (1) to invalidate or limit the remedies, rights, 

24 and procedures of any law of any State or political 

25 subdivision of any State or jurisdiction that provides 
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1 greater or equal collective bargaining rights for pub2 lic safety officers; 

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

4 law which prohibits employers and labor organiza5 tions from negotiating provisions in a labor agree6 ment that require union membership or payment of 

7 union fees as a condition of employment; 

8 (3) to invalidate any State law in effect on the 

9 date of enactment of this Act that substantially pro10 vides for the rights and responsibilities described in 

11 section 4(b) solely because such State law permits 

12 an employee to appear in his or her own behalf with 

13 respect to his or her employment relations with the 

14 public safety agency involved; or 

15 (4) to allow parties subject to FLRA regula16 tions promulgated under this Act to negotiate provi17 sions that would prohibit an employee from engaging 

18 in part-time employment or volunteer activities dur19 ing off-duty hours; or 

20 (5) to prohibit a State from exempting from 

21 coverage under this Act a political subdivision of the 

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

23 that employs less than 25 full time employees. 

24 For purposes of paragraph (5), the term ‘‘employees’’ in25 cludes each individual employed by the political subdivi-
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1 sion except any individual elected by popular vote or ap2 pointed to serve on a board or commission. 

3 (b) COMPLIANCE.—

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

5 shall be construed to require a State to rescind or 

6 preempt laws or ordinances of any of its political 

7 subdivisions if such laws provide collective bar8 gaining rights for public safety officers that are 

9 comparable to or greater than the rights provided 

10 under this Act. 

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

12 this Act shall be construed to require that the Au13 thority preempt the laws or ordinances of any polit14 ical subdivision of a State if such laws provide col15 lective bargaining rights for public safety officers 

16 that are comparable to or greater than the rights 

17 provided under this Act. 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

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

21 Act.

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