I 
116TH CONGRESS 
1ST SESSION H. R. 3463 
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 
JUNE 25, 2019 
Mr. CARTWRIGHT (for himself, Ms. SCHAKOWSKY, Ms. NORTON, Ms. OMAR, 
Ms. DEAN, Mr. SCOTT of Virginia, Ms. WILSON of Florida, Mr. 
ESPAILLAT, Mr. HIGGINS of New York, Mr. DESAULNIER, Mr. PALLONE, 
Ms. BONAMICI, Mr. NORCROSS, Mr. COHEN, Mr. SIRES, Ms. KAPTUR, 
Mr. SABLAN, Mr. RASKIN, Ms. FUDGE, Ms. JAYAPAL, Mr. POCAN, Mr. 
SMITH of Washington, Ms. FINKENAUER, Mr. NADLER, Mrs. BEATTY, 
Mr. MCGOVERN, Mrs. HAYES, and Mrs. TRAHAN) introduced the fol-
lowing bill; which was referred to the Committee on Education and Labor 
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 2019’’. 
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SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) AUTHORITY.—The term ‘‘Authority’’ means 
the Federal Labor Relations Authority. 
(2) APPROPRIATE
UNIT.—The term ‘‘appro-
priate unit’’ means a bargaining unit of public em-
ployees or supervisory employees that share a com-
munity of interest, have a bargaining history or his-
tory of prior organization, and represents the desires 
of employees seeking representation. 
(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 public and supervisory 
employees in an appropriate unit 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, if requested by either party, a written docu-
ment incorporating any collective bargaining agree-
ment reached, but the obligation referred to in this 
paragraph does not compel either party to agree to 
a proposal or to make a concession (as described in 
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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) 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 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203)). 
(6) EMPLOY.—The term ‘‘employ’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(7) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ means any organization of any kind 
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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. 
(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 employer. 
(11) COVERED
PERSON.—The term ‘‘covered 
person’’ means an individual or a labor organization. 
(12) PUBLIC EMPLOYEE.— 
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(B) Any authority, agency, school district, 
board or other entity controlled and operated by 
an entity described in subparagraph (A). 
(14) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, and any territory or possession of the 
United States (as defined in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203)). 
(15) 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. 
(16) SUPERVISORY EMPLOYEE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘supervisory em-
ployee’’ 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 and who— 
(i) has the authority in the interest of 
the employer, if the exercise of such au-
thority is not merely routine or clerical in 
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nature but requires the consistent exercise 
of independent judgment, to— 
(I) hire, promote, reward, trans-
fer, furlough, lay off, recall, suspend, 
discipline, or remove public employees; 
(II) adjust the grievances of pub-
lic employees; or 
(III) effectively recommend any 
action described in subclause (I) or 
(II); and 
(ii) devotes a majority of time at work 
to exercising the authority under clause (i). 
(B) COMMERCE; ENTERPRISE ENGAGED IN 
COMMERCE.—For the purpose of this para-
graph, the terms ‘‘commerce’’ and ‘‘enterprise 
engaged in commerce’’ have the meanings given 
in section 3 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 203). 
(b) STATE LAW.—If any term defined in this section 
has a substantially equivalent meaning to the 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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SEC. 3. FEDERAL MINIMUM STANDARDS. 
(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 for each State as to 
whether the laws of such State substantially provide 
for each of the rights and procedures under sub-
section (b) and not later than 30 days after the en-
actment 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 
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 paragraph (1). 
(3) LIMITED CRITERIA.—In making the deter-
mination described in paragraph (1), the Authority 
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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 
not later than 30 days after receipt of such re-
quest. 
(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. 
(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 
(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 
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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 a labor organiza-
tion that is already recognized as the represent-
ative of such employees unless not less than 30 
percent of such employees in the appropriate 
unit freely sign a petition to decertify 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; 
(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 
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(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 
that includes a procedure for the settlement of griev-
ances (including fact-finding, mediation, arbitration) 
which culminates in binding arbitration. 
(4) Payroll deduction of labor organization fees 
for any duly selected representative of public em-
ployees and supervisory employees pursuant to the 
terms of an authorization executed by such public 
employees to the extent permitted by law. 
(5) The enforcement of all relevant rights and 
protections provided by State law and enumerated in 
this section, and of any written contract or memo-
randum of understanding between a labor organiza-
tion and a public employer, through— 
(A) a State administrative agency, if the 
State so chooses; 
(B) at the election of an aggrieved party, 
the State courts; or 
(C) in the case of an alleged violation, mis-
interpretation, or misapplication of the contract 
or memorandum of understanding, a grievance 
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resolution procedure negotiated in such contract 
or memorandum. 
(c) COMPLIANCE
WITH
RIGHTS
AND
PROCE-
DURES.—If the Authority determines under subsection (a) 
that the laws of a State substantially provide each of the 
rights and procedures described in subsection (b), then 
subsection (d) shall not apply. 
(d) FAILURE TO SUBSTANTIALLY PROVIDE.— 
(1) IN GENERAL.—If the Authority determines 
under subsection (a) that the laws of a State do not 
substantially provide for each of the rights and pro-
cedures described in subsection (b), then such State 
shall be subject to the rules and activities of the Au-
thority 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 under subsection (a)(4), 
the date that is the last day of the first regular 
session of the legislature of the State that be-
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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 each of the rights and procedures de-
scribed in subsection (b) because the State fails to 
substantially provide for all of such rights and pro-
cedures 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)(3), 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 
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(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 
for the rights and procedures described in section 3(b) for 
States described in section 3(d). 
(b) ROLE OF THE FEDERAL LABOR RELATIONS AU-
THORITY.—In carrying out subsection (a), the Authority 
shall— 
(1) protect the right of public employees— 
(A) to self-organization; 
(B) to form, join, or assist any labor orga-
nization 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; 
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(2) supervise or conduct elections to determine 
whether a labor organization has been selected as an 
exclusive representative by a majority of the public 
employees and supervisory employees voting in such 
election in an appropriate unit; 
(3) provide for the payroll deduction of labor 
organization fees to any such duly elected exclusive 
representative pursuant to the terms of an author-
ization executed by a public employee or supervisory 
employee to the extent permitted by law; 
(4) determine the appropriateness of units for 
labor organization representation; 
(5) require public employers to— 
(A) recognize the labor organization of its 
public employees or supervisory employees 
(freely chosen by a majority of such employees 
voting in the appropriate unit) as the exclusive 
representative of such employees; 
(B) bargain in good faith with such labor 
organization concerning public or supervisory 
employees’ terms and conditions of employment, 
which shall include a procedure for the settle-
ment of grievances culminating in binding arbi-
tration in any agreement and a procedure for 
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resolving any impasses in collective bargaining; 
and 
(C) commit any agreements to writing in a 
contract or memorandum of understanding; 
(6) prohibit practices which interfere with, co-
erce, or intimidate public or supervisory employees 
in the exercise of rights guaranteed in paragraph (1) 
or regulations issued thereunder; 
(7) conduct hearings and resolve complaints 
concerning violations of any rule or order issued by 
the Authority pursuant to this Act; 
(8) resolve exceptions to the awards of arbitra-
tors that violate or exceed the scope of public policy 
of this Act; and 
(9) 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, administering oaths, taking or order-
ing the taking of depositions, ordering responses to 
written interrogatories, and receiving and examining 
witnesses. 
(c) ENFORCEMENT.— 
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(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 
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 
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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— 
(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) must 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 provide no-
tice of the Federal lawsuit to the Authority on 
the date of the filing of the civil action in Fed-
eral court. 
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(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. 
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. 
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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 
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) that the laws of a State 
do not substantially provide for the rights and procedures 
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; or 
(3) do not apply to a political subdivision of a 
State if— 
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(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-
fore the date on which the Authority makes the 
determination. 
(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. Of-
ficial Code), establishing the Public Em-
ployee Relations Board of the District of 
Columbia; or 
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(ii) section 502 of such Act (1-605.02, 
D.C. Official Code), establishing the power 
of the Board; 
(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. 
(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-
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lic employer to recognize a labor organization 
on the basis of signed authorizations executed 
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. 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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