(D) is of such character that the output or
result accomplished cannot be standardized in
relation to a given period of time.
(8) The term ‘‘public safety officer’’ includes
any employee engaged in—
(A) the enforcement of the criminal laws,
including highway patrol;
(B) a correctional program, facility, or in-
stitution where the activity is potentially dan-
gerous because of contact with criminal sus-
pects, defendants, prisoners, probationers, or
parolees; or
(C) a court having criminal or juvenile de-
linquent jurisdiction where the activity is poten-
tially dangerous because of contact with crimi-
nal suspects, defendants, prisoners, probation-
ers, or parolees.
(9) The term ‘‘firefighter’’ includes any em-
ployee engaged in the performance of work directly
connected with the control and extinguishment of
fires or the maintenance and use of firefighting ap-
paratus and equipment.
(10) The term ‘‘educational employee’’ includes
any employee of a school system, college or univer-
sity who—
(A) has regular contact with students;
(B) participates in the development, imple-
mentation, or evaluation of an educational pro-
gram; or
(C) is otherwise involved in the educational
process.
(11) The term ‘‘Commission’’ means the Na-
tional Public Employment Relations Commission es-
tablished by section 202 of this Act.
(12) The term ‘‘Service’’ means the Federal
Mediation and Concilation Service established by
chapter 29 of title 172, United States Code.
(13) The term ‘‘collective bargaining’’ or ‘‘bar-
gaining’’ means the performance of the mutual obli-
gation of the representatives of the employer and the
exclusive representative to meet at reasonable times,
in light of the budgetmaking process and other rel-
evant factors, and to confer, consult, and bargain in
a good faith effort to reach agreement with respect
to the terms and conditions of employment and
other matters of mutual concern relating thereto,
and to execute, if requested by either party, a writ-
ten document incorporating any agreements reached,
but such obligation does not compel either party to
agree to a proposal or to make a concession. The
duty to negotiate shall extend to matters which are
or may be the subject of a statute, ordinance, regu-
lation, or other enactment by a State, territory, or
possession of the United States, or a political sub-
division thereof, and if legislative action is necessary
to implement any agreement reached, shall include
the obligation of the employer to submit such agree-
ment to the appropriate governmental body for ac-
tion.
(14) The term ‘‘labor dispute’’ means any con-
troversy concerning terms and conditions of employ-
ment or other matters of mutual concerns relating
thereto, or concerning the representation of employ-
ees for the purpose of collective bargaining, regard-
less of whether the disputants stand in the proxi-
mate relation of employer and employee.
(15) In determining whether any person is act-
ing as an ‘‘agent’’ of another person so as to make
such other person responsible for his acts, the ques-
tion of whether the specific acts performed were ac-
tually authorized or subsequently ratified shall not
be controlling.
SEC. 202. NATIONAL PUBLIC EMPLOYMENT RELATIONS
COMMISSION.
(a) There is hereby created the ‘‘National Public Em-
ployment Relations Commission’’, which shall consist of
five members who shall be appointed by the President by
and with the advice and consent of the Senate. One of
the original members shall be appointed for a term of one
year, one for a term of two years, one for a term of three
years, one for a term of four years, and one for a term
of five years. Their successors shall be appointed for terms
of five years each, except that any person chosen to fill
a vacancy shall be appointed only for the unexpired term
of the member whom he/she succeeds. Commission mem-
bers shall be eligible for reappointment. The President
shall designate one member to serve as Chair of the Com-
mission. Any member of the Commission may be removed
by the President; upon notice and hearing, for neglect of
duty or malfeasance in office, but for no other cause.
(b) A vacancy in the Commission shall not impair the
right of the remaining members to exercise all the powers
of the Commission, and three members of the Commission
shall, at all times, constitute a quorum. The Commission
shall have an official seal which shall be judicially noticed.
(c) Members of the Commission shall not engage in
any other business, vocation, or employment. The Com-
mission shall appoint an Executive Director and may ap-
point State or regional directors, attorneys, and such other
persons as it may from time to time find necessary for
the proper performance of its functions and as may from
time to time be appropriated for by the Congress. Attor-
neys appointed under this section may, at the direction
of the Commission, appear for and represent the Commis-
sion in any case in court.
(d) There shall be a General Counsel of the Commis-
sion who shall be appointed by the President, by and with
the advice and consent of the Senate, for a term of five
years. The General Counsel shall be authorized to inves-
tigate alleged violations of the Act, to file and prosecute
complaints filed under the Act, and to exercise such other
powers as the Commission may prescribe. If a vacancy oc-
curs in the Office of General Counsel, the President shall
promptly designate an Acting General Counsel, and shall
submit a nomination for a replacement to Congress within
forty days after the vacancy has occurred, unless Congress
shall have adjourned before the expiration of said forty-
day period, in which event the President shall submit a
nomination not later than 10 days after Congress recon-
venes.
(e) All of the expenses of the Commission, including
all necessary traveling and subsistence expenses outside
the District of Columbia incurred by the members, em-
ployees, or agents of the Commission under it orders, shall
be allowed and paid on the presentation of itemized vouch-
ers therefor approved by the Commission or by any indi-
vidual it designates for that purpose.
(f) The principal office of the Commission shall be
in the District of Columbia, but it may meet and exercise
any or all of its powers at any other place, and may estab-
lish and operate State and regional offices. The Commis-
sion may, by one or more of its members or by such agents
or agencies as it may designate, prosecute any inquiry nec-
essary to its functions in any part of the United States.
Members who participate in such an inquiry shall not be
disqualified from subsequently participating in a decision
of the Commission in the same case.
(g) The Commission is authorized to issue, amend,
and rescind, in the manner prescribed by subchapter II
of chapter 5 of title 5, United States Code, such rules and
regulations as may be necessary to carry out the provi-
sions of this Act and is expressly empowered and directed
to prevent any person from engaging in conduct in viola-
tion of this Act. In order to carry out its functions under
this Act, the Commission is authorized to hold hearings,
subpoena witnesses, administer oaths and take the testi-
mony or deposition of any person under oath, and in con-
nection therewith, to issue subpoenas requiring the pro-
duction and examination of any books or papers, including
those of the Federal Government or any employer, relating
to any matter pending before it and to take such other
action as may be necessary.
(h)(1) Section 5314 of title 5, United States Code,
is amended by adding at the end thereof the following new
paragraph:
‘‘(54) Chair, National Public Employment Rela-
tions Commission.’’.
(2) Section 5315 of title 5, United States Code, is
amended by adding at the end thereof the following new
paragraph:
‘‘(92) Members, National Public Employment
Relations Commission.’’.
SEC. 203. RIGHTS OF EMPLOYEES AND EMPLOYEE ORGANI-
ZATIONS.
(a) Employees shall have the right to form, join, or
assist employee organizations, to participate in collective
bargaining with employers through representatives of their
own choosing and to engage in other activities, individually
or in concert, for the purpose of establishing, maintaining,
or improving terms and conditions of employment and
other matters of mutual concern relating thereto.
(b) Employee organizations shall have—
(1) access at reasonable times to areas in which
employees work, the right to use the employer’s bul-
letin boards, mailboxes, and other communication
media, subject to reasonable regulation, and the
right to use the employer’s facilities at reasonable
times for the purpose of meetings concerned with
the exercise of the rights guaranteed by this Act:
Provided, That if an exclusive representative has
been recognized, an employer shall deny such access
and usage to any employee organization other than
such representative until such time as a lawful and
timely challenge to the majority status of the rep-
resentative is raised pursuant to the provisions of
section 6 of this Act; and
(2) the right to have deducted from the salary
of employees, upon receipt of an appropriate author-
ization form which shall not be irrevocable for a pe-
riod of more than one year, an amount equal to the
fees and dues required for membership: Provided,
That if an exclusive representative has been recog-
nized, an employer shall deny such deduction to any
employee organization other than such representa-
tive.
(c) If an exclusive representative has been recognized
for the employees in an appropriate collective bargaining
unit, each employee in such a unit who is not a member
of the recognized organization shall be required, as condi-
tion of continued employment, to pay to such organization
for the period that it is the exclusive representative, an
amount equal to the dues, fees, and assessments that a
member is charged. Such payments shall be made in ac-
cordance with rules and regulations prescribed for such
purpose by the Commission.
SEC. 204. REPRESENTATIVES AND COLLECTIVE-BARGAIN-
ING UNITS.
(a) The employee organization designated or selected
for the purpose of collective bargaining by the majority
of the employees in an appropriate collective-bargaining
unit shall be the exclusive representative of all the employ-
ees in such a unit for such purpose, and an employer shall
not bargain in regard to matters covered by this Act with
any employee, group of employees, or other employee orga-
nization: Provided, That nothing contained in this sub-
section shall prevent employees, individually or as a group,
from presenting complaints informally to an employer, and
from having such complaints adjusted without the inter-
vention of the exclusive representative for the collective-
bargaining unit of which they are a part, as long as such
representative is given an opportunity to be present at said
adjustment and to make its views known, and as long as
the adjustment is not inconsistent with the terms of an
agreement between the employer and the exclusive rep-
resentative which is then in effect: Provided further, That
such employer or employees shall not be represented by
an officer or agent of any employee organization other
than the exclusive representative.
(b) Any employee organization may file a request for
recognition as the exclusive representative under sub-
section (a) of this section with an employer and the Com-
mission. Such request shall allege that a majority of the
employees in an appropriate collective-bargaining unit
wish to be represented for the purpose of collective bar-
gaining by such organization, shall describe the grouping
of jobs or positions which constitute the unit claimed to
be appropriate, shall be supported by credible evidence in
accordance with rules prescribed by the Commission dem-
onstrating that a majority of the employees in the appro-
priate unit desire the organization requesting recognition
as their exclusive representative, and shall indicate the
name, address, and telephone number of any other inter-
ested employee organization, if known to the requesting
organization. The employer shall, at the direction of the
Commission, post a copy of such request on a bulletin
board at each facility in which members of the unit
claimed to be appropriate are employed. The request shall
remain posted for a period of 21 days from the date on
which the Commission directs that it be posted. The Com-
mission shall maintain a public docket of all requests filed
under this section. Such docket shall contain a copy of
the request but shall not include any accompanying evi-
dence of support. The request shall remain on the public
docket until the case is closed. Such request for recogni-
tion shall be granted by the employer unless—
(1) the employer has a good faith doubt as to
the accuracy or validity of the evidence demonstrat-
ing majority support in an appropriate unit or as to
the appropriateness of the claimed unit;
(2) there is currently in effect a lawful written
collective-bargaining agreement between the em-
ployer and another employee organization covering
any employees included in the unit described in the
request for recognition;
(3) within the previous 12 months another em-
ployee organization has been lawfully recognized or
certified as the exclusive representative of any em-
ployees included in the unit described in the request
for recognition; or
(4) the Commission has, within the previous 12
months, conducted a secret ballot election involving
any employees included in the unit described in the
request for recognition in which a majority of the
valid ballots cast chose not to be represented by any
employee organization: Provided, That an employer
shall not grant a request for recognition filed pursu-
ant to this subsection (c)(2) below if another em-
ployee organization files with the employer a compet-
ing request for recognition within 21 days after the
posting or notice of the original request, which com-
peting request is supported by credible evidence
demonstrating that at least 10 percent of the em-
ployees in the appropriate collective-bargaining unit
desire such organization as their exclusive represent-
ative.
(c) A petition may be filed with the Commission in
accordance with rules and regulations prescribed by it for
such dealings, asking it to investigate and decide the ques-
tion of whether employees have selected or designated an
exclusive representative under subsection (a) of this sec-
tion by—
(1) an employee organization alleging that 30
percent of the employees in an appropriate collective-
bargaining unit wish to be represented for the pur-
pose of collective bargaining by such organization,
which petition shall describe the grouping of jobs or
positions which constitute the unit claimed to be ap-
propriate, shall be supported by credible evidence in
accordance with rules prescribed by the Commission
demonstrating the claimed employee support, and
shall indicate the name, address, and telephone
number of any other interested employee organiza-
tion, if known to the requesting organization. The
employer shall, at the direction of the Commission,
post a copy of such request on a bulletin board at
each facility in which members of the unit claimed
to be appropriate are employed. The request shall
remain posted for a period of 21 days from the date
on which the Commission directs that it be posted.
The Commission shall maintain a public docket of
all requests filed under this section. Such docket
shall contain a copy of the request but shall not in-
clude any accompanying evidence of support. The re-
quest shall remain on the public docket until the
case is closed;
(2) an employer alleging that it has received a
request for exclusive recognition from one or more
employee organizations; or
(3) by one or more employees in an appropriate
collective-bargaining unit asserting that the employ-
ees in an appropriate unit no longer desire a par-
ticular employee organization as their exclusive rep-
resentative of any employees included in the unit de-
scribed in the petition; or
(4) the Commission has, within the previous 12
months, conducted a secret ballot election involving
any employee included in the unit described in the
petition in which a majority of the valid ballot cast
chose not to be represented by any employee organi-
zation.
(e) The Commission shall certify an employee organi-
zation as the exclusive representative of the employee in
an appropriate collective-bargaining unit if—
(1) the organization receives a majority of the
valid ballots cast in an election conducted pursuant
to subsection (d) of this section;
(2) the Commission determines, as provided in
subsection (d) of this section, without an election
that the organization represents an uncoerced ma-
jority of the employees in such unit and that such
majority status was achieved without the benefit of
unlawful employer assistance as defined in section
10(a) of this Act or that the organization would rep-
resent such an uncoerced majority if the employer
had not engaged in unlawful acts as defined in sec-
tion 10(a) of this Act; or
(3) upon request of an employee’s organization
that has been recognized by an employer pursuant
to subsection (b) of this section, the Commission is
satisfied 
that 
the 
organization 
represents 
an
uncoerced majority of employees in such unit and
that such majority status was achieved without the
benefit of unlawful employer assistance as defined in
section 10(a) of this Act.
(f) In each case where the appropriateness of the
claimed unit is in issue, the Commission shall decide the
question on the basis of the community of interest among
the public employees; wages, hours and other working con-
ditions of the public employees involved; the history of col-
lective bargaining; the efficiency of the operations and the
administrative structure of the public employer; and the
adverse effect of overfragmentation: Provided, That—
(1) except in regard to firefighters and public
safety officers, a unit shall not be considered appro-
priate 
if 
it 
includes 
both 
supervisors 
and
nonsupervisors; in regard to firefighters, a unit that
includes both supervisors and nonsupervisors may be
considered appropriate; and in regard to public safe-
ty officers, a unit that includes both supervisors and
nonsupervisors may be considered appropriate if a
majority of the employees in each category indicate
by vote or other credible evidence that they desire to
be included in such unit; and
(2) a unit including both professionals and non-
professionals shall not be appropriate unless a ma-
jority of the employees in each category indicate by
vote or other credible evidence that they desire to be
included in such unit.
(g) A determination by the Commission that an em-
ployee organization has been selected as the exclusive rep-
resentative for the employees in an appropriate unit shall
not be subject to judicial review or other collateral attack.
SEC. 205. IMPASSE IN COLLECTIVE BARGAINING OVER THE
TERMS AND CONDITIONS OF EMPLOYMENT
AND OTHER MATTERS OF MUTUAL CONCERN
RELATING THERETO.
(a) Either an employer or an exclusive representative
may declare that an impasse has been reached between
them in collective bargaining over the terms and condi-
tions of employment and other matters of mutual concern
relating thereto, and may request the Service to appoint
a mediator for the purpose of assisting them in reconciling
their differences and resolving the controversy on terms
which are mutually acceptable. If the Service determines
that an impasse exists, it shall, in no event later than five
days after the receipt of a request, appoint a mediator in
accordance with rules and regulations for such appoint-
ment prescribed by the Service. The Service may, on its
own volition, declare impasse has been reached in collec-
tive bargaining over the terms and conditions of employ-
ment and other matters of mutual concern relating thereto
and appoint a mediator. The mediator shall meet with the
parties or their representatives, or both, forthwith, either
jointly or separately, and shall take such other steps as
he or she may deem appropriate in order to persuade the
parties to resolve their differences and effect a mutually
acceptable agreement: Provided, That the mediator shall
not, without the consent of both parties, make findings
of fact or recommend terms of settlement. The services
of the mediator, including, if any, per diem expenses, shall
be provided by the Service without cost to the parties.
Nothing in this subsection shall be construed to prevent
the parties from mutually agreeing upon their own medi-
ation procedure and in the event of such agreement, the
Service shall not appoint its own mediator unless failure
to do so would be inconsistent with the effectuation of the
purpose and policy of this Act. Representatives of the em-
ployer and the exclusive representative have a mutual obli-
gation to meet for negotiations at reasonable times in light
of the budgetmaking process.
(b)(1) If the mediator is unable to effect settlement
of the controversy within 15 days after his or her appoint-
ment, either party may, by written notification to the
other, request that their differences be submitted to fact-
finding with recommendations. Such recommendations
shall be advisory only, unless within 5 days after giving
or receiving the aforesaid written request, the exclusive
representative notifies the employer, in writing, that it de-
sires the recommendations of the fact finder to be binding.
Within 10 days after receipt of the aforesaid written re-
quest for factfinding, the parties shall select a person to
serve as fact finder and obtain a commitment from said
person to serve. If they are unable to agree upon a fact
finder or to obtain such a commitment within said time,
either party may request the Service to designate a fact
finder. The Service shall, within 5 days after receipt of
such a request, designate a fact finder in accordance with
rules and regulations for such designation prescribed by
the Service. The fact finder so designated shall not, with-
out the consent of both parties, be the same person who
was appointed mediator pursuant to subsection (a) of this
section.
(2) The fact finder shall, within 10 days after his or
her appointment, meet with the parties of their represent-
atives, or both, forthwith, either jointly or separately, and
may make inquiries and investigations, hold hearings, and
take such other steps as he or she may deem appropriate.
For the purpose of such hearings, investigations, and in-
quiries, the fact finder shall have the power to issue sub-
poenas requiring the attendance and testimony of wit-
nesses and the production of evidence. The several depart-
ments, commissions, divisions, authorities, boards, bu-
reaus, agencies, and officers of the United States or of
the State, territory, or possession affected, or any political
subdivision thereof, shall furnish the fact finder, upon his
or her request, with all records, papers, and information
in their possession relating to any matter under investiga-
tion by or in issue before the fact finder. If the dispute
is not settled within thirty days after his or her appoint-
ment, the fact finder shall make findings of fact and rec-
ommend terms of settlement, which recommendations
shall be advisory only, unless the exclusive representative
has previously notified the employer that such rec-
ommendations are to be binding in which case they shall
be binding.
(c) If the recommendations of the fact finder are
binding—
(1) the exclusive representative shall be prohib-
ited from engaging and employees shall be prohib-
ited from participating in a strike for the purpose of
resolving a dispute which has been submitted to the
fact finder and in regard to which he or she has rec-
ommended terms of settlement and nothing con-
tained in this Act or in any other law of the United
States shall prevent a court from granting a re-
straining order or temporary or permanent injunc-
tion in a case involving a strike for such purpose;
and
(2) the parties shall comply with the rec-
ommendations of the fact finder: Provided, That if
the employer does not have the legal authority to
comply with such recommendations or any part
thereof, it shall take such actions as may be nec-
essary to enable it to comply, including the submis-
sion of requests to appropriate legislative bodies.
(d) If the recommendations of the fact finder are ad-
visory only, they shall, together with the findings of fact,
be submitted in writing to the parties and the Service pri-
vately before they are made public. Either the Service, the
fact finder, the employer, or the exclusive representative
may make such findings and recommendations public if
the dispute is not settled within 10 days after their receipt
from the fact finder.
(e) The costs for the services of the fact finder, in-
cluding, if any, per diem expenses and actual and nec-