I 
119TH CONGRESS 
1ST SESSION H. R. 2736 
To secure the rights of public employees to organize, act concertedly, and 
bargain collectively, which safeguard the public interest and promote 
the free and unobstructed flow of commerce, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2025 
Mr. NORCROSS (for himself, Mr. FITZPATRICK, Mr. DELUZIO, Ms. ADAMS, 
Ms. ANSARI, Mr. BACON, Ms. BARRAGA´N, Mr. BEYER, Ms. BONAMICI, 
Mr. BOYLE
of Pennsylvania, Ms. BROWN, Ms. BROWNLEY, Ms. 
BUDZINSKI, Ms. BYNUM, Mr. CARSON, Mr. CARTER of Louisiana, Mr. 
CASAR, Mr. CASE, Mr. CASTEN, Ms. CASTOR
of Florida, Mrs. 
CHERFILUS-MCCORMICK, Ms. CHU, Ms. CLARKE of New York, Mr. 
CLEAVER, Mr. CONAWAY, Mr. COURTNEY, Mr. DAVIS of Illinois, Ms. 
DEAN of Pennsylvania, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, 
Ms. DEXTER, Mrs. DINGELL, Ms. ELFRETH, Mr. EVANS of Pennsylvania, 
Mrs. FLETCHER, Mr. FOSTER, Mrs. FOUSHEE, Ms. LOIS FRANKEL of 
Florida, Mr. FROST, Mr. GARAMENDI, Mr. GARBARINO, Mr. GARCIA of 
California, Mr. GARCI´A of Illinois, Ms. GILLEN, Ms. PEREZ, Mr. GOLD-
MAN of New York, Mr. GOMEZ, Ms. GOODLANDER, Mr. GOTTHEIMER, 
Mrs. HAYES, Mr. HORSFORD, Ms. HOULAHAN, Mr. HOYER, Mr. IVEY, 
Ms. JACOBS, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KELLY of Illi-
nois, Mr. KENNEDY of New York, Mr. KHANNA, Mr. KRISHNAMOORTHI, 
Mr. LARSON of Connecticut, Mr. LATIMER, Mr. LAWLER, Mr. LYNCH, 
Mr. MAGAZINER, Mr. MANNION, Mrs. MCBATH, Ms. MCBRIDE, Mrs. 
MCCLAIN DELANEY, Ms. MCCOLLUM, Mr. MCGARVEY, Mrs. MCIVER, 
Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, Ms. MOORE of Wisconsin, Mr. 
MORELLE, Ms. MORRISON, Mr. MOSKOWITZ, Mr. MOULTON, Mr. MRVAN, 
Mr. MULLIN, Mr. NADLER, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. 
OLSZEWSKI, Ms. OMAR, Mr. PANETTA, Mr. PETERS, Ms. PETTERSEN, 
Mr. POCAN, Mr. QUIGLEY, Ms. ROSS, Ms. SA´NCHEZ, Ms. SCANLON, Ms. 
SCHAKOWSKY, Mr. SCHNEIDER, Ms. SCHOLTEN, Mr. SHERMAN, Ms. 
SHERRILL, Mr. SMITH of Washington, Mr. SORENSEN, Ms. STANSBURY, 
Mr. STANTON, Mr. SUBRAMANYAM, Mr. SUOZZI, Mr. TAKANO, Mr. 
THOMPSON of Mississippi, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mr. 
TONKO, Mr. TORRES of New York, Mrs. TORRES of California, Ms. 
UNDERWOOD, Mr. VARGAS, Mr. VEASEY, Ms. WASSERMAN SCHULTZ, Ms. 
WATERS, Mrs. WATSON COLEMAN, and Ms. WILLIAMS of Georgia) intro-
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duced the following bill; which was referred to the Committee on Edu-
cation and Workforce 
A BILL 
To secure the rights of public employees to organize, act 
concertedly, and bargain collectively, which safeguard the 
public interest and promote the free and unobstructed 
flow of commerce, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Service Free-
dom to Negotiate Act of 2025’’. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) APPROPRIATE
UNIT.—The term ‘‘appro-
priate unit’’ means a group of public employees or 
a group of supervisory employees appropriate for 
collective bargaining that share a community of in-
terest, as demonstrated by factors including whether 
such group— 
(A) has a bargaining history or history of 
prior organization; and 
(B) reflects the desires of the employees 
who are seeking or proposing representation by 
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a labor organization regarding the employees to 
be included in such bargaining unit. 
(2) AUTHORITY.—The term ‘‘Authority’’ means 
the Federal Labor Relations Authority. 
(3) COLLECTIVE BARGAINING.—The term ‘‘col-
lective bargaining’’, used with respect to public em-
ployees, supervisory employees, and public employ-
ers, means the performance of the mutual obligation 
of the representative of a public employer and the 
exclusive representative of an appropriate unit of 
public and supervisory employees of the employer to 
meet at reasonable times and to consult and bargain 
in a good-faith effort to reach agreement with re-
spect to wages, hours, and other terms and condi-
tions of employment affecting such employees and to 
execute a written document incorporating any collec-
tive bargaining agreement reached, but the obliga-
tion referred to in this paragraph does not compel 
either party to agree to a proposal or to make a con-
cession (as described in section 8(d) of the National 
Labor Relations Act (29 U.S.C. 158(d))). 
(4) 
CONFIDENTIAL
EMPLOYEE.—The 
term 
‘‘confidential employee’’ means an employee of a 
public employer who acts in a confidential capacity 
with respect to an individual who formulates or ef-
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fectuates management policies in the field of labor- 
management relations. 
(5) COVERED
PERSON.—The term ‘‘covered 
person’’ means an individual or a labor organization. 
(6) EMERGENCY
SERVICES
EMPLOYEE.—The 
term ‘‘emergency services employee’’ means— 
(A) a public employee providing out-of-hos-
pital emergency medical care, including an 
emergency medical technician, paramedic, or 
first responder; or 
(B) a public employee providing other serv-
ices in response to emergencies that have the 
potential to cause death or serious bodily in-
jury, including an employee in fire protection 
activities (as defined in section 3(y) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
203(y))). 
(7) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ means any organization of any kind 
that is not under the control directly or indirectly by 
a public employer in which such employees partici-
pate and which exists for the purpose, in whole or 
in part, of dealing with public employers concerning 
grievances, labor disputes, wages, rates of pay, hours 
of employment, or conditions of work. 
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(8) LAW.—The term ‘‘law’’, used with respect 
to a State or a political subdivision thereof, includes 
the application of the laws of such State or such po-
litical subdivision, including any regulations or ordi-
nances issued by such State or such political subdivi-
sion. 
(9) LAW ENFORCEMENT OFFICER.—The term 
‘‘law enforcement officer’’ has the meaning given 
such term in section 1204 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 
10284). 
(10) MANAGEMENT
EMPLOYEE.—The term 
‘‘management employee’’ means an individual em-
ployed by a public employer in a position the duties 
and responsibilities of which require the individual to 
formulate or determine the policies of the public em-
ployer. 
(11) PUBLIC
EMPLOYEE.—The term ‘‘public 
employee’’— 
(A) means an individual, employed by a 
public employer, who in any workweek is en-
gaged in commerce or is employed in an enter-
prise engaged in commerce; 
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(B) includes an individual who is tempo-
rarily transferred to a supervisory or manage-
ment position; and 
(C) does not include— 
(i) a supervisory employee; 
(ii) a management employee; 
(iii) a confidential employee; or 
(iv) an elected official. 
(12) PUBLIC
EMPLOYER.—The term ‘‘public 
employer’’ means an entity that— 
(A) employs not less than 1 individual; 
(B) is engaged in commerce; and 
(C) is either— 
(i) a State or the political subdivision 
of a State; or 
(ii) any authority, agency, school dis-
trict, board or other entity controlled and 
operated by an entity described in clause 
(i). 
(13) SUBSTANTIALLY
PROVIDES.—The term 
‘‘substantially provides’’, used with respect to the 
rights and procedures described in section 3(b), 
means providing rights and procedures that are 
equivalent to or greater than each of the rights and 
procedures described in such section. 
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(14) SUPERVISORY EMPLOYEE.—The term ‘‘su-
pervisory employee’’ means an individual, employed 
by a public employer, who in any workweek is en-
gaged in commerce or is employed in an enterprise 
engaged in commerce and who— 
(A) has the authority in the interest of the 
employer, if the exercise of such authority is 
not merely routine or clerical in nature but re-
quires the consistent exercise of independent 
judgment, to— 
(i) hire, promote, reward, transfer, 
furlough, lay off, recall, suspend, dis-
cipline, or remove public employees; 
(ii) adjust the grievances of public 
employees; or 
(iii) effectively recommend any action 
described in clause (i) or (ii); and 
(B) devotes a majority of time at work to 
exercising the authority under subparagraph 
(A). 
(b) FAIR
LABOR
STANDARDS
ACT
OF
1938 
TERMS.—The terms ‘‘commerce’’, ‘‘employ’’, ‘‘enterprise 
engaged in commerce’’, and ‘‘State’’ have the meanings 
given such terms in section 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203). 
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(c) STATE LAW.—If any term defined in this section 
has a substantially equivalent meaning to a term (or a 
substantially equivalent term) under applicable State law 
on the date of the enactment of this Act, such term (or 
substantially equivalent term) and meaning under such 
applicable State law shall apply with respect to the term 
defined under this Act with respect to such State. 
SEC. 3. FEDERAL MINIMUM STANDARDS. 
(a) DETERMINATION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act (except as 
provided in paragraph (4)(C)), the Authority shall 
make a determination for each State as to whether 
the laws of such State substantially provide for each 
of the rights and procedures under subsection (b) 
and not later than 30 days after the enactment of 
this Act, the Authority shall establish procedures for 
the implementation of this section. 
(2) CONSIDERATION
OF
ADDITIONAL
OPIN-
IONS.—In making the determination under para-
graph (1), the Authority shall consider the opinions 
of affected public employees, supervisory employees, 
labor organizations, and public employers. In the 
case where the Authority is notified by an affected 
public employer and labor organization that both 
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parties agree that the law applicable to such em-
ployer and labor organization substantially provides 
for the rights and procedures described in subsection 
(b), the Authority shall give such agreement weight 
to the maximum extent practicable in making the 
Authority’s determination under paragraph (1). 
(3) LIMITED CRITERIA.—In making the deter-
mination described in paragraph (1), the Authority 
may only consider the criteria described in sub-
section (b). 
(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). 
(B) REQUEST.—A public employee, super-
visory employee, public employer, or a labor or-
ganization may submit to the Authority a writ-
ten request for a subsequent determination with 
respect to whether a material change of State 
law has occurred. 
(C) ISSUANCE.—If satisfied that a mate-
rial change in State law has occurred, the Au-
thority shall issue a subsequent determination 
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described under paragraph (1) not later than 
30 days after receipt of such request. 
(5) JUDICIAL REVIEW.—Any covered person or 
public employer aggrieved by a determination of the 
Authority under this paragraph (1) 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 which the covered 
person or public employer resides or transacts busi-
ness or in the Court of Appeals for the District of 
Columbia Circuit, for judicial review. In any judicial 
review of a determination made by the Authority de-
scribed in paragraph (1), the procedures contained 
in subsections (c) and (d) of section 7123 of title 5, 
United States Code, shall be followed. 
(6) RULE OF CONSTRUCTION.—In making the 
determination described in paragraph (1), the Au-
thority shall, as relevant, consider any requirement 
imposed by a consent decree entered into by the De-
partment of Justice before, on, or after the date of 
enactment of this Act as substantially providing for 
the rights and procedures under subsection (b). 
(b) FEDERAL MINIMUM STANDARD.—The collective 
bargaining rights and procedures under this subsection 
are as follows: 
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(1) A right of public employees and supervisory 
employees— 
(A) to self-organization; 
(B) to form, join, or assist a labor organi-
zation or to refrain from any such activity; 
(C) to bargain collectively through rep-
resentatives of their own choosing; and 
(D) to engage in other concerted activities 
for the purpose of collective bargaining or other 
mutual aid (including the filing of joint, class, 
or collective legal claims) or protection. 
(2) A requirement for public employers to— 
(A) recognize the labor organization of its 
public employees and supervisory employees 
(freely chosen in an election by a majority of 
such employees voting in the appropriate unit 
or chosen by voluntary recognition if that meth-
od is permitted under State law) without re-
quiring an election to recertify or decertify a 
labor organization that is already recognized as 
the representative of such employees unless not 
less than 30 percent of such employees in the 
bargaining unit freely sign a petition to decer-
tify such labor organization— 
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(i) not earlier than the date that is 1 
year after the date of the election (or after 
a voluntary recognition if permitted under 
State law) of the representative; 
(ii) not earlier than 1 year after the 
expiration of a valid collective bargaining 
agreement; 
(iii) not during the term of a valid col-
lective bargaining agreement (except as 
permissible under clause (iv)); or 
(iv) during the 30-day period begin-
ning on the date that is 90 days before the 
end of a valid existing contract; 
(B) collectively bargain with such recog-
nized labor organization; and 
(C) commit any agreements with such rec-
ognized labor organization to writing in a con-
tract or memorandum of understanding. 
(3) An interest impasse resolution mechanism, 
such as fact-finding, mediation, arbitration, or com-
parable procedures that culminate in binding resolu-
tion. 
(4) Payroll deduction of labor organization fees 
for any duly chosen representative of a public em-
ployee or supervisory employee pursuant to the 
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terms of an agreement between the labor organiza-
tion and such public or supervisory employee, which 
shall remain in effect until revoked by such employee 
in accordance with its terms. 
(5) The prohibition of practices that interfere 
with, restrain, or coerce public or supervisory em-
ployees in the exercise of rights guaranteed in para-
graph (1) or regulations issued thereunder. 
(6) The enforcement of all relevant rights and 
procedures provided by State law and enumerated in 
this subsection. 
(7) The enforcement of all rights and proce-
dures provided by any written contract or memo-
randum of understanding between a labor organiza-
tion and a public employer, through— 
(A) a State agency, if the State so chooses; 
(B) at the election of an aggrieved party, 
the State courts, if so permitted under State 
law; or 
(C) a grievance resolution procedure culmi-
nating in binding arbitration negotiated in such 
contract or memorandum. 
(c) COMPLIANCE
WITH
RIGHTS
AND
PROCE-
DURES.—If the Authority determines under subsection 
(a)(1) that the laws of a State substantially provide each 
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of the rights and procedures described in subsection (b), 
then subsection (d) shall not apply and this Act shall not 
preempt the laws of such State. 
(d) FAILURE TO SUBSTANTIALLY PROVIDE.— 
(1) IN GENERAL.—If the Authority determines 
under subsection (a)(1) that the laws of a State do 
not substantially provide for each of the rights and 
procedures described in subsection (b), then such 
State shall be subject to the rules and activities of 
the Authority under section 4 beginning 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 of the enact-
ment of this Act; or 
(C) in the case of a State receiving a sub-
sequent determination described under sub-
section (a)(4), 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 
made the determination. 
(2) PARTIAL FAILURE.—If the Authority deter-
mines under subsection (a)(1) that a State does not 
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substantially provide for each of the rights and pro-
cedures described in subsection (b) because the 
State fails to substantially provide for all of such 
rights and procedures with respect to any public or 
supervisory employees, the Authority shall identify— 
(A) the categories of public or supervisory 
employees of such State that shall be subject to 
the rules and activities of the Authority under 
section 4, pursuant to section 7(b)(4), begin-
ning on the applicable date under paragraph 
(1); 
(B) the categories of public employees and 
supervisory employees of such State that shall 
not be subject to the rules and activities of the 
Authority under section 4; 
(C) the categories of rights and procedures 
described in subsection (b) for which the State 
does not substantially provide for certain public 
employees and supervisory employees; and 
(D) the categories of rights and procedures 
described in such subsection for which the State 
substantially provides for all employees. 
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SEC. 4. MINIMUM STANDARDS ADMINISTERED BY THE FED-
ERAL LABOR RELATIONS AUTHORITY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Authority shall issue 
rules and take such actions that the Authority determines 
appropriate to establish and administer collective bar-
gaining rights and procedures that substantially provide 
for the minimum standards described in section 3(b) for 
States described in section 3(d). 
(b) ROLE OF THE FEDERAL LABOR RELATIONS AU-
THORITY.— 
(1) IN GENERAL.—In carrying out subsection 
(a), the Authority shall— 
(A) provide for the rights and procedures 
described in paragraphs (1) through (5) of sec-
tion 3(b); 
(B) supervise or conduct elections to deter-
mine whether a labor organization has been 
chosen as an exclusive representative by a ma-
jority of the public employees and supervisory 
employees voting in such election in an appro-
priate unit; 
(C) determine the appropriateness of units 
for labor organization representation; 
(D) conduct hearings and resolve com-
plaints concerning violations of this Act or any 
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