(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; and 
(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, 
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.— 
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(1) PETITION BY AUTHORITY.—The Authority 
may petition any United States Court of Appeals 
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 sec-
tion, and for appropriate temporary relief or a re-
straining order. Any petition under this section shall 
be conducted in accordance with section 7123(c) and 
(d) of title 5, United States Code, except that any 
final order of the Authority with respect to questions 
of fact or law shall be found to be conclusive unless 
the court determines that the Authority’s decision 
was arbitrary and capricious. 
(2) RIGHT OF ACTION.—Unless the Authority 
has filed a petition for enforcement as provided in 
paragraph (1), any interested party has the right to 
file suit in a State court of competent jurisdiction to 
enforce compliance with the regulations issued by 
the Authority pursuant to subsection (b), and to en-
force compliance with any order issued by the Au-
thority pursuant to this section. The right provided 
by this paragraph to bring a suit to enforce compli-
ance with any order issued by the Authority pursu-
ant to this section shall terminate upon the filing of 
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a petition seeking the same relief by the Authority 
under paragraph (1). 
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 
Notwithstanding any rights or responsibilities pro-
vided under State law or under regulations issued by the 
Authority under section 5, a public safety employer, offi-
cer, or labor organization may not engage in a lockout or 
strike. 
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND 
AGREEMENTS. 
This Act and the regulations issued under this Act 
shall not be construed to invalidate a certification, recogni-
tion, collective bargaining agreement or memorandum of 
understanding which has been issued, approved, or ratified 
by any public employee relations board or commission or 
by any State or political subdivision or its agents (manage-
ment officials) in effect on the day before the date of en-
actment of this Act, or the results of any election held 
before the date of enactment of this Act. 
SEC. 8. CONSTRUCTION, COMPLIANCE, AND ENFORCE-
MENT. 
(a) CONSTRUCTION.—Nothing in this Act or the reg-
ulations issued under this Act shall be construed— 
(1) to preempt or limit the remedies, rights, 
and procedures of any law of any State or political 
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subdivision of any State or jurisdiction that substan-
tially provides greater or comparable rights and re-
sponsibilities described in section 4(b); 
(2) to prevent a State from enforcing a State 
law which prohibits employers and labor organiza-
tions from negotiating provisions in a labor agree-
ment that require union membership or payment of 
union fees as a condition of employment; 
(3) to preempt any State law in effect on the 
date of enactment of this Act that substantially pro-
vides for the rights and responsibilities described in 
section 4(b) solely because— 
(A) such State law permits an employee to 
appear in his or her own behalf with respect to 
his or her employment relations with the public 
safety agency involved; 
(B) such State law excludes from its cov-
erage employees of a state militia or national 
guard; 
(C) such rights and responsibilities have 
not been extended to other categories of em-
ployees covered by this Act. In such cir-
cumstances, the Authority shall only exercise 
the powers provided in section 5 of this Act 
with respect to those categories of employees 
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who have not been afforded the rights and re-
sponsibilities described in section 4(b); or 
(D) such laws or ordinances provide that a 
contract or memorandum of understanding be-
tween a public safety employer and a labor or-
ganization must be presented to a legislative 
body as part of the process for approving such 
contract or memorandum of understanding; 
(4) to permit parties subject to the National 
Labor Relations Act (29 U.S.C. 151 et seq.) and the 
regulations under such Act to negotiate provisions 
that would prohibit an employee from engaging in 
part-time employment or volunteer activities during 
off-duty hours; 
(5) 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 fewer than 25 full time employees; or 
(6) to require a State to rescind or preempt 
laws or ordinances of any of its political subdivisions 
if such laws substantially provide rights and respon-
sibilities for public safety officers that are com-
parable to or greater than the rights and responsibil-
ities enumerated in section 4(b) of this Act. 
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For purposes of paragraph (4), the term ‘‘employees’’ in-
cludes each individual employed by the political subdivi-
sion except any individual elected by popular vote or ap-
pointed to serve on a board or commission. 
(b) ENFORCEMENT.—Not withstanding any other 
provision of the Act, and in the absence of a waiver of 
a States sovereign immunity, the Authority shall have the 
exclusive power to enforce the provisions of this Act with 
respect to State employees and employees of arms 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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