I 
115TH CONGRESS 
2D SESSION 
H. R. 4846 
To provide collective bargaining rights for public safety officers employed 
by States or their political subdivisions. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 19, 2018 
Mr. KILDEE (for himself and Mr. DUNCAN of Tennessee) introduced the fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Safety Em-
ployer-Employee Cooperation Act’’. 
SEC. 2. PURPOSE AND POLICY. 
Congress declares that the following is the policy of 
the United States: 
(1) Labor-management relationships and part-
nerships are based on trust, mutual respect, open 
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communication, bilateral consensual problem solving, 
and shared accountability. Labor-management co-
operation fully utilizes the strengths of both parties 
to best serve the interests of the public, operating as 
a team, to carry out the public safety mission in a 
quality work environment. In many public safety 
agencies, it is the union that provides the institu-
tional stability as elected leaders and appointees 
come and go. 
(2) State and local public safety officers play an 
essential role in the efforts of the United States to 
detect, prevent, and respond to terrorist attacks, and 
to respond to natural disasters, hazardous materials, 
and other mass casualty incidents. State and local 
public safety officers, as first responders, are a com-
ponent of our Nation’s National Incident Manage-
ment System, developed by the Department of 
Homeland Security to coordinate response to and re-
covery from terrorism, major natural disasters, and 
other major emergencies. Public safety employer-em-
ployee cooperation is essential in meeting these 
needs and is, therefore, in the National interest. 
(3) The Federal Government needs to encour-
age conciliation, mediation, and arbitration to aid 
and encourage employers and the representatives of 
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their employees to reach and maintain agreements 
concerning rates of pay, hours, and working condi-
tions, and to make all reasonable efforts through ne-
gotiations to settle their differences by mutual agree-
ment reached through collective bargaining or by 
such methods as may be provided for in any applica-
ble agreement for the settlement of disputes. 
(4) The absence of adequate cooperation be-
tween public safety employers and employees has im-
plications for the security of employees and can af-
fect interstate and intrastate commerce. The lack of 
such labor-management cooperation can detrimen-
tally impact the upgrading of law enforcement, fire, 
and emergency medical services of local commu-
nities, the health and well-being of public safety offi-
cers, and the morale of law enforcement, fire, and 
EMS departments. Additionally, these factors could 
have significant commercial repercussions. Moreover, 
providing minimal standards for collective bar-
gaining negotiations in the public safety sector can 
prevent industrial strife between labor and manage-
ment that interferes with the normal flow of com-
merce. 
(5) Many States and localities already provide 
public safety officers with collective bargaining 
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rights comparable to or greater than the rights and 
responsibilities set forth in this Act, and such State 
and local laws should be respected. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Federal Labor Relations Authority. 
(2) 
CONFIDENTIAL
EMPLOYEE.—The 
term 
‘‘confidential employee’’ has the meaning given such 
term under applicable State law on the date of en-
actment of this Act. If no such State law is in effect, 
the term means an individual, employed by a public 
safety employer, who— 
(A) is designated as confidential; and 
(B) is an individual who routinely assists, 
in a confidential capacity, supervisory employ-
ees and management employees. 
(3) EMERGENCY
MEDICAL
SERVICES
PER-
SONNEL.—The term ‘‘emergency medical services 
personnel’’ means an individual who provides out-of- 
hospital emergency medical care, including an emer-
gency medical technician, paramedic, or first re-
sponder. 
(4) EMPLOYER; PUBLIC SAFETY AGENCY; PUB-
LIC
SAFETY
EMPLOYER.—The terms ‘‘employer,’’ 
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‘‘public safety agency,’’ and ‘‘public safety em-
ployer’’ mean any State, or political subdivision of a 
State, that employs public safety officers. 
(5) FIREFIGHTER.—The term ‘‘firefighter’’ has 
the meaning given the term ‘‘employee engaged in 
fire protection activities’’ in section 3(y) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(y)). 
(6) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ means an organization of any kind, in 
which employees participate and which exists for the 
purpose, in whole or in part, of dealing with employ-
ers concerning grievances, conditions of employment, 
and related matters. 
(7) LAW ENFORCEMENT OFFICER.—The term 
‘‘law enforcement officer’’ has the meaning given 
such term in section 1204 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 
10284(6)). 
(8) 
MANAGEMENT
EMPLOYEE.—The 
term 
‘‘management employee’’ has the meaning given 
such term under applicable State law in effect on 
the date of enactment of this Act. If no such State 
law is in effect, the term means an individual em-
ployed by a public safety employer in a position that 
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requires or authorizes the individual to formulate, 
determine, or influence the policies of the employer. 
(9) PERSON.—The term ‘‘person’’ means an in-
dividual or a labor organization. 
(10) PUBLIC
SAFETY
OFFICER.—The term 
‘‘public safety officer’’— 
(A) means an employee of a public safety 
agency who is a law enforcement officer, a fire-
fighter, and/or an emergency medical services 
personnel; 
(B) includes an individual who is tempo-
rarily transferred to a supervisory or manage-
ment position; and 
(C) does not include a permanent super-
visory, management, or confidential employee. 
(11) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, and any territory or possession of the 
United States. 
(12) SUBSTANTIALLY
PROVIDES.—The term 
‘‘substantially provides’’, when used with respect to 
the rights and responsibilities described in section 
4(b), means comparable to or greater than each 
right and responsibility described in such section. 
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(13) SUPERVISORY EMPLOYEE.—The term ‘‘su-
pervisory employee’’ has the meaning given such 
term under applicable State law in effect on the date 
of enactment of this Act. If no such State law is in 
effect, the term means an individual, employed by a 
public safety employer, who— 
(A) has the authority in the interest of the 
employer to hire, direct, assign, promote, re-
ward, transfer, furlough, lay off, recall, sus-
pend, discipline, or remove public safety offi-
cers, to adjust their grievances, or to effectively 
recommend such action, if the exercise of the 
authority is not merely routine or clerical in na-
ture but requires the consistent exercise of 
independent judgment; and 
(B) devotes a majority of time at work to 
exercising such authority. 
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL-
ITIES. 
(a) DETERMINATION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Author-
ity shall make a determination as to whether a State 
substantially provides for the rights and responsibil-
ities described in subsection (b). 
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(2) CONSIDERATION
OF
ADDITIONAL
OPIN-
IONS.—In making the determination described in 
paragraph (1), the Authority shall consider the opin-
ions of affected employers and labor organizations. 
In the case where the Authority is notified by an af-
fected employer and labor organization that both 
parties agree that the law applicable to such em-
ployer and labor organization substantially provides 
for the rights and responsibilities described in sub-
section (b), the Authority shall give such agreement 
weight to the maximum extent practicable in making 
the Authority’s determination under this subsection. 
(3) LIMITED CRITERIA.—In making the deter-
mination described in paragraph (1), the Authority 
shall be limited to the application of the criteria de-
scribed in subsection (b) and shall not require any 
additional criteria. 
(4) SUBSEQUENT DETERMINATIONS.— 
(A) IN GENERAL.—A determination made 
pursuant to paragraph (1) shall remain in ef-
fect unless and until the Authority issues a sub-
sequent determination, in accordance with the 
procedures set forth in subparagraph (B) of 
this section. 
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(B) PROCEDURES FOR SUBSEQUENT DE-
TERMINATIONS.—Upon establishing that a ma-
terial change in State law or its interpretation 
has occurred, an employer or a labor organiza-
tion may submit a written request for a subse-
quent determination. If satisfied that a material 
change in State law or its interpretation has oc-
curred, the Authority shall issue a subsequent 
determination not later than 30 days after re-
ceipt of such request. 
(5) JUDICIAL
REVIEW.—Any person or em-
ployer aggrieved by a determination of the Authority 
under this section may, during the 60-day period be-
ginning on the date on which the determination was 
made, petition any United States Court of Appeals 
in the circuit in which the person or employer re-
sides or transacts business or in the District of Co-
lumbia Circuit, for judicial review. 
(b) RIGHTS AND RESPONSIBILITIES.—In making a 
determination described in subsection (a), the Authority 
shall consider a State’s law to substantially provide the 
required rights and responsibilities unless such law fails 
to provide rights and responsibilities comparable to or 
greater than the following: 
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(1) Granting public safety officers the right to 
form and join a labor organization, which may ex-
clude management employees, supervisory employ-
ees, and confidential employees, that is, or seeks to 
be, recognized as the exclusive bargaining represent-
ative of such employees. 
(2) Requiring public safety employers to recog-
nize the employees’ labor organization (freely chosen 
by a majority of the employees), to agree to bargain 
with the labor organization, and to commit any 
agreements to writing in a contract or memorandum 
of understanding. 
(3) Providing for the right to bargain over 
hours, wages, and terms and conditions of employ-
ment. 
(4) Providing for binding interest arbitration as 
a mechanism to resolve an impasse in collective bar-
gaining negotiations. 
(5) Requiring enforcement of all rights, respon-
sibilities, and protections enumerated in this section, 
and of any written contract or memorandum of un-
derstanding between a labor organization and a pub-
lic safety employer, through— 
(A) a State administrative agency, if the 
State so chooses; and/or 
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(B) any court of competent jurisdiction. 
(c) COMPLIANCE WITH REQUIREMENTS.—If the Au-
thority determines, acting pursuant to its authority under 
subsection (a), that a State substantially provides rights 
and responsibilities described in subsection (b), then this 
Act shall not preempt State law. 
(d) FAILURE TO MEET REQUIREMENTS.— 
(1) IN GENERAL.—If the Authority determines, 
acting pursuant to its authority under subsection 
(a), that a State does not substantially provide for 
the rights and responsibilities described in sub-
section (b), then such State shall be subject to the 
regulations and procedures described in section 5 be-
ginning on the later of— 
(A) the date that is 2 years after the date 
of enactment of this Act; 
(B) the date that is the last day of the 
first regular session of the legislature of the 
State that begins after the date the Authority 
makes a determination under subsection (a)(1); 
or 
(C) in the case of a State receiving a sub-
sequent determination under subsection (a)(4), 
the date that is the last day of the first regular 
session of the legislature of the State that be-
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gins after the date the Authority made the de-
termination. 
(2) PARTIAL FAILURE.—If the Authority makes 
a determination that a State does not substantially 
provide for the rights and responsibilities described 
in subsection (b) solely because the State law sub-
stantially provides for such rights and responsibil-
ities for certain categories of public safety officers 
covered by the Act but not others, the Authority 
shall identify those categories of public safety offi-
cers that shall be subject to the regulations and pro-
cedures described in section 5, pursuant to section 
8(b)(3) and beginning on the appropriate date de-
scribed in paragraph (1), and those categories of 
public safety officers that shall remain solely subject 
to State law with respect to the rights and respon-
sibilities described in subsection (b). 
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Authority shall issue 
regulations, in accordance with the rights and responsibil-
ities described in section 4(b), establishing collective bar-
gaining procedures for employers and public safety officers 
in States where the Authority has determined, acting pur-
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suant to section 4(a), do not substantially provide for such 
rights and responsibilities. 
(b) ROLE OF THE FEDERAL LABOR RELATIONS AU-
THORITY.—The Authority, to the extent provided in this 
Act and in accordance with regulations prescribed by the 
Authority, shall— 
(1) determine the appropriateness of units for 
labor organization representation; 
(2) supervise or conduct elections to determine 
whether a labor organization has been selected as an 
exclusive representative by a voting majority of the 
employees in an appropriate unit; 
(3) resolve issues relating to the duty to bar-
gain in good faith; 
(4) conduct hearings and resolve complaints of 
unfair labor practices; 
(5) resolve exceptions to the awards of arbitra-
tors; 
(6) protect the right of each employee to form, 
join, or assist any labor organization, or to refrain 
from any such activity, freely and without fear of 
penalty or reprisal, and protect each employee in the 
exercise of such right; and 
(7) take such other actions as are necessary 
and appropriate to effectively administer this Act, 
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including issuing subpoenas requiring the attendance 
and testimony of witnesses and the production of 
documentary or other evidence from any place in the 
United States, and administering oaths, taking or 
ordering the taking of depositions, ordering re-
sponses to written interrogatories, and receiving and 
examining witnesses. 
(c) ENFORCEMENT.— 
(1) AUTHORITY TO PETITION COURT.—The Au-
thority may petition any United States Court of Ap-
peals with jurisdiction over the parties, or the 
United States Court of Appeals for the District of 
Columbia Circuit, to enforce any final orders under 
this section, and for appropriate temporary relief or 
a restraining order. 
(2) PRIVATE
RIGHT
OF
ACTION.—Unless the 
Authority has filed a petition for enforcement as 
provided in paragraph (1), any party has the right 
to file suit in any appropriate district court of the 
United States to enforce compliance with the regula-
tions issued by the Authority pursuant to this sec-
tion, and to enforce compliance with any order 
issued by the Authority pursuant to this section. 
The right provided by this subsection to bring a suit 
to enforce compliance with any order issued by the 
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Authority pursuant to this section shall terminate 
upon the filing of a petition seeking the same relief 
by the Authority. Enforcement against a State shall 
be pursuant to section 8(b)(4). 
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 
(a) IN GENERAL.—Subject to subsection (b), an em-
ployer, public safety officer, or labor organization may not 
engage in a lockout, sickout, work slowdown, strike, or any 
other organized job action that will measurably disrupt the 
delivery of emergency services and is designed to compel 
an employer, public safety officer, or labor organization 
to agree to the terms of a proposed contract. 
(b) NO PREEMPTION.—Nothing in this section shall 
be construed to preempt any law of any State or political 
subdivision of any State with respect to strikes by public 
safety officers. 
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 
AGREEMENTS. 
A certification, recognition, election-held, collective 
bargaining agreement, or memorandum of understanding 
that has been issued, approved, or ratified by any public 
employee relations board or commission or by any State 
or political subdivision or its agents and is in effect on 
the day before the date of enactment of this Act shall not 
be invalidated by the enactment of this Act. 
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SEC. 8. CONSTRUCTION AND COMPLIANCE. 
(a) CONSTRUCTION.—Nothing in this Act shall be 
construed— 
(1) to preempt or limit the remedies, rights, 
and procedures of any law of any State or political 
subdivision of any State that provides comparable or 
greater rights and responsibilities than the rights 
and responsibilities described in section 4(b); 
(2) to prevent a State from enforcing a right- 
to-work law that prohibits employers and labor orga-
nizations from negotiating provisions in a labor 
agreement that require union membership or pay-
ment of union fees as a condition of employment; 
(3) to preempt or limit any State law in effect 
on the date of enactment of this Act that provides 
for the rights and responsibilities described in sec-
tion 4(b) solely because such State law permits an 
employee to appear on the employee’s own behalf 
with respect to the employee’s employment relations 
with the public safety agency involved; 
(4) to prohibit a State from exempting from 
coverage under this Act a political subdivision of the 
State that has a population of less than 5,000 or 
that employs less than 25 full-time employees; or 
(5) to preempt or limit the laws or ordinances 
of any State or political subdivision of a State that 
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provide for the rights and responsibilities described 
in section 4(b) solely because such law or ordinance 
does not require bargaining with respect to pension, 
retirement, or health benefits. 
For purposes of paragraph (4), the term ‘‘employee’’ in-
cludes each and every individual employed by the political 
subdivision except any individual elected by popular vote 
or appointed to serve on a board or commission. 
(b) COMPLIANCE.— 
(1) ACTIONS OF STATES.—Nothing in this Act 
or the regulations promulgated under this Act shall 
be construed to require a State to rescind or pre-
empt the laws or ordinances of any of the State’s 
political subdivisions if such laws provide rights and 
responsibilities for public safety officers that are 
comparable to or greater than the rights and respon-
sibilities described in section 4(b). 
(2) ACTIONS OF THE AUTHORITY.—Nothing in 
this Act or the regulations promulgated under this 
Act shall be construed to preempt— 
(A) the laws or ordinances of any State or 
political subdivision of a State, if such laws pro-
vide collective bargaining rights for public safe-
ty officers that are comparable to or greater 
than the rights enumerated in section 4(b); 
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(B) the laws or ordinances of any State or 
political subdivision of a State that provide for 
the rights and responsibilities described in sec-
tion 4(b) with respect to certain categories of 
public safety officers covered by this Act solely 
because such rights and responsibilities have 
not been extended to other categories of public 
safety officers covered by this Act; or 
(C) the laws or ordinances of any State or 
political subdivision of a State that provide for 
the rights and responsibilities described in sec-
tion 4(b), solely because such laws or ordi-
nances provide that a contract or memorandum 
of understanding between a public safety em-
ployer and a labor organization must be pre-
sented to a legislative body as part of the proc-
ess for approving such contract or memo-
randum of understanding. 
(3) LIMITED
ENFORCEMENT
POWER.—In the 
case of a law described in paragraph (2)(B), the Au-
thority shall only exercise the powers provided in 
section 5 with respect to those categories of public 
safety officers who have not been afforded the rights 
and responsibilities described in section 4(b). 
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(4) EXCLUSIVE
ENFORCEMENT
PROVISION.— 
Notwithstanding any other provision of the Act, and 
in the absence of a waiver of a State’s sovereign im-
munity, the Authority shall have the exclusive power 
to enforce the provisions of this Act with respect to 
employees of a State. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act. 
Æ 
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