(1) provide for the rights and procedures de-
scribed in paragraphs (1) through (5) of section 
3(b); 
(2) supervise or conduct elections to determine 
whether a labor organization has been selected as an 
exclusive representative by a majority of the public 
employees and supervisory employees voting in such 
election in an appropriate unit; 
(3) determine the appropriateness of units for 
labor organization representation; 
(4) conduct hearings and resolve complaints 
concerning violations of this Act or any rule or order 
issued by the Authority pursuant to this Act; 
(5) resolve exceptions to the awards of arbitra-
tors that violate or exceed the scope of public policy 
of this Act; and 
(6) 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, administering oaths, taking or order-
ing the taking of depositions, ordering responses to 
written interrogatories, and receiving and examining 
witnesses. 
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(c) ENFORCEMENT.— 
(1) IN GENERAL.—The Authority may issue an 
order directing compliance by any covered person or 
public employer found to be in violation of this sec-
tion, and 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 such final orders 
issued pursuant to this section or pursuant to rules 
issued under this section, and for appropriate tem-
porary relief or a restraining order. Any covered per-
son or public employer aggrieved by an order issued 
by the Authority under this section may, during the 
60-day period beginning on the date on which the 
order was issued petition any United States Court of 
Appeals in the circuit which the covered person or 
public employer resides or transacts business or in 
the Court of Appeals for the District of Columbia 
Circuit, for judicial review. Any petition or appeal 
under this section shall be conducted in accordance 
with subsections (c) and (d) of section 7123 of title 
5, United States Code. 
(2) PRIVATE RIGHT OF ACTION.— 
(A) FILING A CIVIL ACTION.—Unless the 
Authority has filed an order of enforcement as 
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provided in paragraph (1), any party may, after 
the 180-day period following the filing of a 
charge with the Authority pursuant to the rules 
of the Authority under this section, file a civil 
action against any named State administrator 
in an appropriate district court of the United 
States to enjoin such administrator to enforce 
compliance— 
(i) with this Act or the rules issued by 
the Authority under this section; or 
(ii) to enforce compliance with any 
order issued by the Authority. 
(B) TIMING.—Any civil action brought 
under subparagraph (A) must be brought not 
later than the earlier of— 
(i) the date that is 180 days after the 
expiration of the 180-day period in sub-
paragraph (A); or 
(ii) the date that is 180 days after the 
date that the Authority dismisses a charge 
described in subparagraph (A). 
(C) NOTICE.—The party shall serve notice 
of the Federal lawsuit to the Authority. 
(D) 
JURISDICTION
AND
ATTORNEYS’ 
FEES.—A district court shall have jurisdiction 
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over the civil action filed under subparagraph 
(A) without regard to the amount in con-
troversy or the citizenship of the parties and 
may award reasonable attorneys’ fees. 
SEC. 5. LOCKOUTS AND EMPLOYEE STRIKES PROHIBITED 
WHEN EMERGENCY OR PUBLIC SAFETY SERV-
ICES IMPERILED. 
(a) IN GENERAL.—Subject to subsection (b), any em-
ployer, emergency services employee, or law enforcement 
officer subject to the rules and activities of the Authority 
under section 4 may not engage in a lockout, strike, or 
any other organized job action of which a reasonably prob-
able result is a measurable disruption of the delivery of 
emergency or public safety services. No labor organization 
may cause or attempt to cause a violation of this sub-
section. 
(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 emer-
gency services employees or law enforcement officers. 
SEC. 6. EXISTING COLLECTIVE BARGAINING UNITS AND 
AGREEMENTS. 
The enactment of this Act shall not invalidate any 
certification, recognition, result of an election, collective 
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bargaining agreement, or memorandum of understanding 
that— 
(1) has been issued, approved, or ratified by 
any public employee relations board or commission, 
or by any State or political subdivision or an agent 
or management official of such State or political 
subdivision; and 
(2) is in effect on the day before the date of en-
actment of this Act. 
SEC. 7. EXCEPTIONS. 
(a) IN GENERAL.—The Authority shall not make a 
determination under section 3(a) that the laws of a State 
do not substantially provide for the rights and procedures 
under section 3(b) on the basis that relevant State laws— 
(1) permit a public or supervisory employee to 
appear on the employee’s own behalf with respect to 
the relationship of the public employee with the pub-
lic employer involved; 
(2) do not cover public or supervisory employees 
of the State militia or national guard; 
(3) do not apply to a political subdivision of a 
State if— 
(A) such political subdivision has a popu-
lation of fewer than 5,000 people or employs 
fewer than 25 public employees; and 
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(B) the State in which such political sub-
division is located notifies the Authority that 
such subdivision is exempt from such laws be-
fore the date on which the Authority makes the 
determination; or 
(4) do not require bargaining with respect to 
pension or retirement income benefits; or 
(5) prohibit employers and labor organizations 
from negotiating provisions in a labor agreement 
that require membership in the labor organization or 
the payment of fees to the union as a condition of 
employment. 
(b) COMPLIANCE.— 
(1) ACTIONS OF STATES.—Nothing in this Act 
shall be construed to require a State to rescind or 
preempt the laws of any political subdivision of the 
State if such laws substantially provide for the 
rights and procedures described in section 3(b). 
(2) ACTIONS
OF
THE
DISTRICT
OF
COLUM-
BIA.—Nothing in this Act or in the rules issued 
under this Act shall be construed— 
(A) to require the District of Columbia to 
rescind— 
(i) section 501 of the District of Co-
lumbia Government Comprehensive Merit 
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Personnel Act of 1978 (1-605.01, D.C. Of-
ficial Code), establishing the Public Em-
ployee Relations Board of the District of 
Columbia; or 
(ii) section 502 of such Act (1-605.02, 
D.C. Official Code), establishing the power 
of the Board; 
(B) to preempt the laws described in sub-
paragraph (A); or 
(C) to limit or alter the powers of the gov-
ernment of the District of Columbia pursuant 
to the District of Columbia Home Rule Act. 
(3) ACTIONS OF THE AUTHORITY.—Nothing in 
this Act shall be construed to preempt— 
(A) the laws of any State or political sub-
division of a State that substantially provide for 
the rights and procedures described in section 
3(b); 
(B) the laws of any State or political sub-
division of a State that substantially provide for 
the rights and procedures described in section 
3(b), solely because such laws provide that a 
contract or memorandum of understanding be-
tween a public employer and a labor organiza-
tion must be presented to a legislative body as 
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part of the process for approving such contract 
or memorandum of understanding; or 
(C) the laws of any State or political sub-
division of a State that permit or require a pub-
lic employer to recognize a labor organization 
on the basis of signed authorizations executed 
by employees designating the labor organization 
as their representative. 
(4) LIMITED
ENFORCEMENT
POWER.—In the 
case of a law described in section 3(d)(2), the Au-
thority shall only exercise the authority under sec-
tion 4 with respect to the categories of public or su-
pervisory employees for whom State law does not 
substantially provide the rights and procedures de-
scribed in section 3(b). 
SEC. 8. SEVERABILITY. 
If any provision of this Act or the application thereof 
to any person or circumstance is held invalid, the remain-
der of this Act, or the application of that provision to per-
sons or circumstances other than those as to which it is 
held invalid, is not affected thereby. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act. 
Æ 
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