and shared accountability. 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. As the first to ar-
rive on scene, State and local public safety officers 
must be prepared to protect life and property and to 
preserve scarce and vital Federal resources, avoid 
substantial and debilitating interference with inter-
state and foreign commerce, and to protect the na-
tional security of the United States. Public safety 
employer-employee cooperation is essential in meet-
ing these needs and is, therefore, in the National in-
terest. 
(3) The health and safety of the Nation and the 
best interests of public safety employers and employ-
ees may be furthered by the settlement of issues 
through the processes of collective bargaining. 
(4) The Federal Government is in the position 
to encourage conciliation, mediation, and voluntary 
arbitration to aid and encourage employers and the 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
representatives of their employees to reach and 
maintain agreements concerning rates of pay, hours, 
and working conditions, and to make all reasonable 
efforts through negotiations to settle their dif-
ferences by mutual agreement reached through col-
lective bargaining or by such methods as may be 
provided for in any applicable agreement for the set-
tlement of disputes. 
(5) The potential absence of adequate coopera-
tion between public safety employers and employees 
has implications for the security of employees, im-
pacts the upgrading of police and fire services of 
local communities, the health and well-being of pub-
lic safety officers, and the morale of the fire and po-
lice departments, and can affect interstate and 
intrastate commerce. 
(6) Many States and localities already provide 
public safety officers with collective bargaining 
rights comparable to or greater than the rights and 
responsibilities set forth in this Act, and such State 
laws should be respected. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Authority’’ means the Federal 
Labor Relations Authority. 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
(2) The term ‘‘public safety officer’’— 
(A) means an employee of a public safety 
agency who is a law enforcement officer, a fire-
fighter, or emergency medical services per-
sonnel; 
(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 or management employee. 
(3) The term ‘‘firefighter’’ has the same mean-
ing given the term ‘‘employee in fire protection ac-
tivities’’ defined in section 3 of the Fair Labor 
Standards Act (29 U.S.C. 203(y)). 
(4) The term ‘‘emergency medical services per-
sonnel’’ means an individual who provides out-of- 
hospital emergency medical care, including an emer-
gency medical technician, paramedic, or first re-
sponder. 
(5) The term ‘‘law enforcement officer’’ has the 
same meaning given such term in section 1204(5) of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796b(5)). 
(6) The term ‘‘supervisory employee’’ has the 
meaning given such term, or a substantially equiva-
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
lent term, under applicable State law on the date of 
enactment of this Act. In the absence of such State 
law on the date of enactment of this Act, 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 preponderance of employ-
ment time exercising such authority. 
(7) The term ‘‘management employee’’ has the 
meaning given such term, or a substantially equiva-
lent 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 in a position that re-
quires or authorizes the individual to formulate, de-
termine, or influence the policies of the employer. 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
(8) The terms ‘‘employer’’ and ‘‘public safety 
agency’’ mean any State, political subdivision of a 
State, the District of Columbia, or any territory or 
possession of the United States that employs public 
safety officers. 
(9) The term ‘‘labor organization’’ means an 
organization composed in whole or in part of em-
ployees, in which employees participate, and the pur-
pose of which is to represent such employees before 
public safety agencies concerning grievances, condi-
tions of employment and related matters. 
(10) The term ‘‘substantially provides’’ means 
substantial compliance with the rights and respon-
sibilities described in section 4(b). 
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). In making such de-
terminations, the Authority shall consider the opin-
ion of affected employers and labor organizations. 
Where the Authority is notified by an employer and 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
an affected labor organization that both parties 
agree that the law applicable to such employer and 
labor organization substantially provides for the 
rights and responsibilities described in subsection 
(b), the Authority shall give such agreement weight 
to the maximum extent practicable in making its de-
termination under this subsection. 
(2) SUBSEQUENT
DETERMINATIONS.—(A) A 
determination made pursuant to paragraph (1) shall 
remain in effect unless and until the Authority 
issues a subsequent determination, in accordance 
with the procedures set forth in subparagraph (B). 
(B) An employer or a labor organization may 
submit a written request for a subsequent deter-
mination, on the basis of a material change in State 
law or its interpretation. If the Authority determines 
that a material change in State law or its interpreta-
tion has occurred, the Authority shall issue a subse-
quent determination not later than 30 days after re-
ceipt of such request. 
(3) JUDICIAL REVIEW.—Any person aggrieved 
by a determination of the Authority under this sec-
tion may, during the 60-day period beginning on the 
date on which the determination was made, petition 
any United States Court of Appeals in the circuit in 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
which the person resides or transacts business or in 
District of Columbia circuit, for judicial review. In 
any judicial review of a determination by the Au-
thority, the procedures contained in section 7123(c) 
of title 5, United States Code, shall be followed. 
(b) RIGHTS AND RESPONSIBILITIES.—In making a 
determination described in subsection (a), the Authority 
shall consider a State’s law to provide adequate rights and 
responsibilities unless such law fails to substantially pro-
vide rights and responsibilities comparable to or greater 
than each of the following: 
(1) Granting public safety officers the right to 
form and join a labor organization, which may ex-
clude management and supervisory employees, that 
is, or seeks to be, recognized as the exclusive bar-
gaining representative 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 bargaining over hours, wages, 
and terms and conditions of employment. 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
(4) Making available an interest impasse resolu-
tion mechanism, such as fact-finding, mediation, ar-
bitration, or comparable procedures. 
(5) Requiring enforcement through State courts 
of— 
(A) all rights, responsibilities, and protec-
tions provided by State law and enumerated in 
this subsection; and 
(B) any written contract or memorandum 
of understanding. 
(c) 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), such State shall be subject to the regula-
tions and procedures described in section 5. 
(2) EFFECTIVE
DATE.—Paragraph (1) shall 
apply in each State on the later of— 
(A) 2 years after the date of enactment of 
this Act; or 
(B) the date of the end of the first regular 
session of the legislature of that State that be-
gins after the date of the enactment of this Act. 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
SEC. 5. ROLE OF THE AUTHORITY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Authority shall issue 
regulations establishing procedures which provide the 
rights and responsibilities described in section 4(b) for 
public safety employers and officers in States which the 
Authority has determined, acting pursuant to its authority 
under 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 and conduct elections to deter-
mine 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; 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
(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; 
(7) if the Authority finds that any State is not 
in compliance with the regulations prescribed under 
subsection (a), direct compliance by such State by 
order; and 
(8) 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.— 
(1) PETITION BY AUTHORITY.—If a State fails 
to comply with a final order issued by the Authority, 
the Authority shall 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 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS
this section, and for appropriate temporary relief or 
a restraining order. Any petition under this section 
shall be conducted in accordance with section 
7123(c) and (d) of title 5, United States Code, ex-
cept that any final order of the Authority with re-
spect to questions of fact shall be found to be con-
clusive 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 shall have the 
right to file suit against any political subdivision of 
a State, or, if the State has waived its sovereign im-
munity, against the State itself, in any district court 
of the United States of competent jurisdiction to en-
force compliance with the regulations issued by the 
Authority pursuant to subsection (b), to enforce 
compliance with any order issued by the Authority 
pursuant to this section, or to enforce section 6 of 
this Act. The right provided by this paragraph to 
bring a suit to enforce compliance with any order 
issued by the Authority pursuant to this section 
shall terminate upon the filing of a petition seeking 
the same relief by the Authority under paragraph 
(1). 
VerDate Nov 24 2008 
03:37 Jan 12, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H413.IH
H413
wwoods2 on PRODPC68 with BILLS