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— 
(1) a public safety employer may not engage in 
a lockout of public safety officers; 
(2) public safety officers may not engage in a 
strike against such public safety employer; and 
(3) a labor organization may not call for a 
strike by public safety officers against their public 
safety employer. 
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— 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
(1) to preempt or limit the remedies, rights, 
and procedures of any law of any State or political 
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 which case the 
Authority shall only exercise the powers pro-
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
vided in section 5 of this Act with respect to 
those categories of employees who have not 
been afforded the rights and responsibilities de-
scribed 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 in States subject to the 
regulations and procedures described in section 5 to 
negotiate provisions that would prohibit an employee 
from engaging in part-time employment or volunteer 
activities during off-duty hours; 
(5) 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; or 
(6) preempt any State law that substantially 
provides for the rights and responsibilities described 
in section 4(b) solely because such law does not re-
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
quire bargaining with respect to pension and retire-
ment benefits. 
(b) PARTIAL EXEMPTION.—A State may exempt 
from its State law, or from the requirements established 
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. For purposes of this sub-
section, the term ‘‘employees’’ includes each individual em-
ployed by the political subdivision except any individual 
elected by popular vote or appointed to serve on a board 
or commission. 
(c) ENFORCEMENT.—Notwithstanding any other pro-
vision of the Act, and in the absence of a waiver of a 
State’s sovereign immunity, the Authority shall have the 
exclusive power to enforce the provisions of this Act with 
respect to public safety officers employed by 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 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS