effect, the term means an individual, employed by a 
fire and EMS 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 fire and EMS per-
sonnel, to adjust their grievances, or to effec-
tively recommend such action, if the exercise of 
the authority is not merely routine or clerical in 
nature 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). 
(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. 
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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. 
(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-
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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: 
(1) Granting fire and EMS personnel 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. 
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(2) Requiring fire and EMS 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) Making available an interest impasse resolu-
tion mechanism, such as fact-finding, mediation, ar-
bitration, or comparable procedures. 
(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 fire 
and EMS employer, through— 
(A) a State administrative agency, if the 
State so chooses; and/or 
(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. 
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(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-
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-
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stantially provides for such rights and responsibil-
ities for certain categories of fire and EMS per-
sonnel covered by the Act but not others, the Au-
thority shall identify those categories of fire and 
EMS personnel that shall be subject to the regula-
tions and procedures described in section 5, pursu-
ant to section 8(b)(3) and beginning on the appro-
priate date described in paragraph (1), and those 
categories of fire and EMS personnel that shall re-
main solely subject to State law with respect to the 
rights and responsibilities 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 fire and EMS per-
sonnel in States where the Authority has determined, act-
ing pursuant 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— 
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(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, 
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-
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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, or 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 Authority 
pursuant to this section shall terminate upon the fil-
ing of a petition seeking the same relief by the Au-
thority. Enforcement against a State shall be pursu-
ant to section 8(b)(4). 
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SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. 
(a) IN GENERAL.—Subject to subsection (b), an em-
ployer, fire and EMS personnel, or labor organization may 
not engage in a lockout, sickout, work slowdown, strike, 
or any other organized job action that will measurably dis-
rupt the delivery of emergency services and is designed 
to compel an employer, fire and EMS personnel, 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 fire and 
EMS personnel. 
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. 
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 
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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 fire and EMS 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, in-
cluding each individual employed by the political 
subdivision, except any individual elected by popular 
vote or appointed to serve on a board or commission; 
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 
or retirement. 
(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 fire and EMS personnel 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 fire and 
EMS personnel that are comparable to or 
greater than the rights enumerated in section 
4(b); 
(B) the laws or ordinances of any State or 
political subdivision of a State that provide for 
the rights and responsibilities described in sec-
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tion 4(b) with respect to certain categories of 
fire and EMS personnel covered by this Act 
solely because such rights and responsibilities 
have not been extended to other categories of 
fire and EMS personnel 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 fire and EMS 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 fire and 
EMS personnel who have not been afforded the 
rights and responsibilities described in section 4(b). 
(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 
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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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