I 
118TH CONGRESS 
2D SESSION 
H. R. 8426 
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 
MAY 16, 2024 
Mr. CARTWRIGHT (for himself, Mr. FITZPATRICK, Mr. HORSFORD, Mr. 
POCAN, Mr. NORCROSS, Mrs. DINGELL, Mr. ALLRED, Mr. BACON, Mr. 
BEYER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BOYLE of Pennsyl-
vania, Ms. BROWNLEY, Ms. BUDZINSKI, Mr. CARBAJAL, Mr. CARSON, 
Mr. CASAR, Mrs. CHAVEZ-DEREMER, Mrs. CHERFILUS-MCCORMICK, Mr. 
CLEAVER, Mr. COHEN, Mr. CONNOLLY, Ms. CRAIG, Mr. DAVIS of Illinois, 
Ms. DELAURO, Mr. DELUZIO, Ms. ESHOO, Mr. EVANS, Mr. FOSTER, Mr. 
GARAMENDI, Mr. GARCI´A of Illinois, Mr. ROBERT GARCIA of California, 
Mr. GOLDMAN of New York, Mr. GOTTHEIMER, Mrs. HAYES, Ms. 
HOULAHAN, Mr. HOYER, Ms. HOYLE of Oregon, Mr. IVEY, Mr. KILDEE, 
Mr. KRISHNAMOORTHI, Mr. LANDSMAN, Mr. LARSEN of Washington, Mr. 
LAWLER, Mr. LYNCH, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCGARVEY, 
Mr. MOLINARO, Mr. MOULTON, Mr. MRVAN, Mr. MULLIN, Mr. NADLER, 
Ms. NORTON, Ms. OMAR, Mr. PANETTA, Ms. PEREZ, Mr. PETERS, Mr. 
PHILLIPS, Ms. PINGREE, Ms. PORTER, Ms. ROSS, Ms. SA´NCHEZ, Mr. 
SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. 
SHERRILL, Ms. SLOTKIN, Ms. STANSBURY, Ms. STEVENS, Mr. 
SWALWELL, Mr. TAKANO, Ms. TOKUDA, Mr. TONKO, Mr. TORRES of 
New York, Mr. TRONE, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN 
SCHULTZ, Mrs. WATSON COLEMAN, Ms. WILD, Ms. WILLIAMS of Geor-
gia, Ms. WILSON of Florida, Mr. FROST, Mr. PASCRELL, and Mr. 
THOMPSON of Mississippi) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce 
A BILL 
To secure the rights of public employees to organize, act 
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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 2024’’. 
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 
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-
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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-
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— 
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(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. 
(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. 
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(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; 
(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. 
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(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. 
(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-
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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). 
(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. 
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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 
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 
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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: 
(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 
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(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— 
(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; 
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(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 
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-
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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 
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 
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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 
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— 
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(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. 
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 
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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 
rule or order issued by the Authority pursuant 
to this Act; 
(E) resolve exceptions to the awards of ar-
bitrators that violate or exceed the scope of 
public policy of this Act; and 
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(F) take such other actions as are nec-
essary and appropriate to effectively administer 
this Act, including issuing subpoenas requiring 
the attendance and testimony of witnesses and 
the production of documentary or other evi-
dence from any place in the United States, ad-
ministering oaths, taking or ordering the taking 
of depositions, ordering responses to written in-
terrogatories, and receiving and examining wit-
nesses. 
(2) RULE OF CONSTRUCTION.—In providing for 
the rights and procedures under paragraph (1)(A), 
nothing in this Act shall be construed as super-
seding, or creating or imposing any requirement in 
conflict with, any consent decree entered into by the 
Department of Justice before, on, or after the date 
of enactment of this Act. 
(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 
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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 
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— 
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(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) shall 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 
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. 
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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 
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 
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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)(1) that the laws of a 
State do not substantially provide for the rights and proce-
dures 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 
(B) the State in which such political sub-
division is located notifies the Authority that 
such subdivision is exempt from such laws be-
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fore the date on which the Authority makes the 
determination; or 
(4) do not require bargaining with respect to 
pension or retirement income benefits. 
(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 
Personnel Act of 1978 (1–605.01, D.C. 
Official 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; 
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(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 
(Public Law 93–198; 87 Stat. 774). 
(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 
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 
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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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