(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)). 
(5) EMPLOY.—The term ‘‘employ’’ includes to 
suffer or permit to work. 
(6) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’, with respect to public employers and 
public employees, means any organization of any 
kind in which public employees participate 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 employ-
ment, or conditions of work. 
(7) 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). 
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(8) MANAGEMENT EMPLOYEE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘management em-
ployee’’ means an individual employed by a pub-
lic employer in a position the duties and respon-
sibilities of which require or authorize the indi-
vidual to formulate, determine, or influence the 
policies of the employer. 
(B) STATE LAW.—If the term ‘‘manage-
ment employee’’, or a substantially equivalent 
term, has a substantially equivalent meaning 
under applicable State law to the meaning 
under subparagraph (A) on the date of the en-
actment of this Act, such term, or substantially 
equivalent term, and meaning under such appli-
cable State law shall apply with respect to the 
term ‘‘management employee’’ under this Act 
for public employees and public employers in 
such State. 
(9) PERSON.—The term ‘‘person’’ means an in-
dividual or a labor organization. 
(10) PUBLIC
EMPLOYEE.—The term ‘‘public 
employee’’— 
(A) means a person, employed by a public 
employer, who in any workweek is engaged in 
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commerce or in the production of goods for 
commerce, or is employed in an enterprise en-
gaged in commerce or in the production of 
goods for commerce (as the terms ‘‘commerce’’, 
‘‘goods’’, and ‘‘enterprise engaged in commerce 
or in the production of goods for commerce’’ 
are defined in section 3 of the Fair Labor 
Standards Act of 1938); 
(B) includes an individual who is tempo-
rarily transferred to a supervisory or manage-
ment position; and 
(C) does not include a permanent super-
visory employee, permanent management em-
ployee, or permanent confidential employee, or 
an elected official. 
(11) PUBLIC
EMPLOYER.—The term ‘‘em-
ployer’’ means any of the following that employs 
public employees: 
(A) A State or the political subdivision of 
a State, including a territory or political sub-
division of a territory. 
(B) Any authority, agency, school district, 
board or other entity controlled and operated by 
an entity described in subparagraph (A). 
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(12) 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. 
(13) SUBSTANTIALLY
PROVIDES.—The term 
‘‘substantially provide’’ or ‘‘substantially provides’’, 
with respect to the rights and responsibilities de-
scribed in section 4(b), means providing rights and 
responsibilities that are comparable to or greater 
than each of the rights and responsibilities described 
in such section. 
(14) 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— 
(i) has the authority in the interest of 
the employer, if the exercise of the author-
ity is not merely routine or clerical in na-
ture 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; 
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(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) STATE LAW.—If the term ‘‘supervisory 
employee’’, or a substantially equivalent term, 
has a substantially equivalent meaning under 
applicable State law to the meaning under sub-
paragraph (A) 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 ‘‘super-
visory employee’’ under this Act for public em-
ployees and public employers in such State. 
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBIL-
ITIES. 
(a) DETERMINATION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Author-
ity shall make a determination as to whether a State 
substantially provides for the rights and responsibil-
ities described in subsection (b). 
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(2) CONSIDERATION
OF
ADDITIONAL
OPIN-
IONS.—In making the determination described in 
paragraph (1), the Authority shall consider the opin-
ions of affected public employees, labor organiza-
tions, 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 employer and labor orga-
nization substantially provides for the rights and re-
sponsibilities described in subsection (b), the Author-
ity shall give such agreement weight to the max-
imum extent practicable in making the Authority’s 
determination described in paragraph (1). 
(3) LIMITED CRITERIA.—In making the deter-
mination described in paragraph (1), the Authority 
shall be limited to the application of the criteria de-
scribed in subsection (b) and shall not require any 
additional criteria. 
(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). 
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(B) PROCEDURES FOR SUBSEQUENT DE-
TERMINATIONS.—Upon establishing that a ma-
terial change in State law or its interpretation 
has occurred, a public employee, public em-
ployer, or a labor organization may submit a 
written request for a subsequent determination. 
If satisfied that a material change in State law 
or its interpretation has occurred, the Authority 
shall issue a subsequent determination not later 
than 30 days after receipt of such request. 
(5) JUDICIAL REVIEW.—Any person or public 
employer aggrieved by a determination of the Au-
thority under this section may, during the 60-day 
period beginning on the date on which the deter-
mination was made, petition any United States 
Court of Appeals in the circuit in which the person 
or public employer resides or transacts business 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 described in 
paragraph (1), the procedures contained in sub-
sections (c) and (d) of section 7123 of title 5, 
United States Code, shall be followed. 
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(b) RIGHTS AND RESPONSIBILITIES.—The rights and 
responsibilities described in this section are each of the 
following: 
(1) Granting public employees the right to self- 
organization, to form, join, or assist a labor organi-
zation, to bargain collectively through representa-
tives of their own choosing, and to engage in other 
concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection. 
(2) Requiring public employers to— 
(A) recognize the labor organization of its 
public employees (freely chosen in an election 
by a majority of such employees voting in the 
appropriate unit), without requiring an election 
to recertify a labor organization that is already 
recognized as the representative of such employ-
ees unless not less than 30 percent of such em-
ployees in the appropriate unit freely sign a pe-
tition to decertify such labor organization; 
(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. 
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(3) Making available an interest impasse resolu-
tion mechanism, such as fact-finding, mediation, ar-
bitration, or comparable procedures and providing 
for the payroll deduction of labor organization fees 
to any duly-selected representative of public employ-
ees pursuant to the terms of an authorization exe-
cuted by such public employees. 
(4) Requiring enforcement of all rights, respon-
sibilities, and protections provided by State law and 
enumerated in this section, and of any written con-
tract or memorandum of understanding between a 
labor organization 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 
resolution procedure negotiated in such contract 
or memorandum. 
(c) COMPLIANCE WITH REQUIREMENTS.—If the Au-
thority determines, acting pursuant to its authority under 
subsection (a), that a State substantially provides for the 
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rights and responsibilities described in subsection (b), then 
subsection (d) shall not apply. 
(d) FAILURE TO MEET REQUIREMENTS.— 
(1) IN GENERAL.—If the Authority determines, 
acting pursuant to its authority under subsection 
(a), that a State does not substantially provide for 
the rights and responsibilities described in sub-
section (b), then such State shall be subject to the 
regulations and procedures described in section 5 be-
ginning 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-
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 the rights and responsibilities described 
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in subsection (b) solely because the State law sub-
stantially provides for such rights and responsibil-
ities for certain categories of public employees but 
not others, the Authority shall identify— 
(A) those categories of public employees 
that shall be subject to the regulations and pro-
cedures described in section 5, pursuant to sec-
tion 8(b)(3), beginning on the applicable date 
under paragraph (1); and 
(B) those categories of public employees 
that shall not be subject to the regulations and 
procedures described in section 5. 
SEC. 5. 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 
regulations in accordance with the rights and responsibil-
ities described in section 4(b) establishing collective bar-
gaining procedures for public employers, labor organiza-
tions, and public employees in States which the Authority 
has determined, acting pursuant to section 4(a), do not 
substantially provide for such rights and responsibilities. 
(b) ROLE OF THE FEDERAL LABOR RELATIONS AU-
THORITY.—The Authority, to the extent provided in this 
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Act and in accordance with regulations prescribed by the 
Authority, shall— 
(1) protect the right of public employees to 
form, join, or assist any labor organization, or to re-
frain from any such activity, freely and without fear 
of penalty or reprisal, protect the right of public em-
ployees to bargain collectively through representa-
tives of their own choosing, and protect the right of 
public employees to engage in other concerted activi-
ties for the purpose of collective bargaining or other 
mutual aid or protection; 
(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 voting in such election in an appropriate 
unit, and 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; 
(3) determine the appropriateness of units for 
labor organization representation; 
(4) require public employers to— 
(A) recognize the labor organization of its 
public employees (freely chosen by a majority of 
such employees voting in the appropriate unit) 
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as the exclusive representative of such employ-
ees; 
(B) bargain in good faith with such labor 
organization concerning public employees’ terms 
and conditions of employment, which shall in-
clude a procedure for the settlement of griev-
ances culminating in binding arbitration in any 
agreement and a procedure for resolving any 
impasses in collective bargaining; and 
(C) commit any agreements to writing in a 
contract or memorandum of understanding; 
(5) prohibit practices which interfere with, co-
erce, or intimidate public employees in the exercise 
of rights guaranteed in paragraph (1) or regulations 
issued thereunder; 
(6) conduct hearings and resolve complaints 
concerning violations of any regulation or order 
issued by the Authority pursuant to this Act; 
(7) resolve exceptions to the awards of arbitra-
tors; and 
(8) take such other actions as are necessary 
and appropriate to effectively administer this Act, 
including issuing subpoenas requiring the attendance 
and testimony of witnesses and the production of 
documentary or other evidence from any place in the 
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United States, administering oaths, taking or order-
ing the taking of depositions, ordering responses to 
written interrogatories, and receiving and examining 
witnesses. 
(c) ENFORCEMENT.—The Authority may issue an 
order directing compliance by any person or public em-
ployer found to be in violation of this section, and may 
petition any United States Court of Appeals with jurisdic-
tion over the parties, or the United States Court of Ap-
peals for the District of Columbia Circuit, to enforce any 
such final orders issued pursuant to this section or pursu-
ant to regulations issued under this section, and for appro-
priate temporary relief or a restraining order. Any petition 
under this section shall be conducted in accordance with 
subsections (c) and (d) of section 7123 of title 5, United 
States Code. 
SEC. 6. 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 to which section 5 applies may not engage in a lock-
out, strike, or any other organized job action of which a 
reasonably probable result is a measurable disruption of 
the delivery of emergency or public safety services. No 
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labor organization may cause or attempt to cause a viola-
tion of this subsection. 
(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. 7. 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. 8. EXCEPTIONS. 
(a) IN GENERAL.—Section 4(d), and the regulations 
and procedures under section 5, shall not apply— 
(1) solely because a State law permits a public 
employee to appear on the employee’s own behalf 
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with respect to the employee’s employment relations 
with the public employer involved; 
(2) solely because a State law excludes from its 
coverage public employees of a State militia or na-
tional guard; or 
(3) 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 of the 
State’s request that such political subdivision be 
exempt from such sections. 
(b) COMPLIANCE.— 
(1) ACTIONS OF STATES.—Nothing in this Act 
or the regulations promulgated under this Act shall 
be construed to require a State to rescind or pre-
empt the laws or ordinances of any political subdivi-
sion of the State if such laws or ordinances provide 
rights and responsibilities for public employees that 
are comparable to or greater than the rights and re-
sponsibilities described in section 4(b). 
(2) ACTIONS
OF
THE
DISTRICT
OF
COLUM-
BIA.—Nothing in this Act or the regulations promul-
gated under this Act shall be construed— 
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(A) to require the District of Columbia to 
rescind— 
(i) section 501 of the District of Co-
lumbia Government Comprehensive Merit 
Personnel Act (1–605.01, D.C. Official 
Code), establishing the Public Employee 
Relations Board of the District of Colum-
bia; or 
(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 or the regulations promulgated under this 
Act shall be construed to preempt— 
(A) the laws or ordinances of any State or 
political subdivision of a State, if such laws or 
ordinances provide collective bargaining rights 
for public employees that are comparable to or 
greater than the rights enumerated in section 
4(b); 
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(B) the laws or ordinances of any State or 
political subdivision of a State that substan-
tially provide for the rights and responsibilities 
described in section 4(b) with respect to certain 
categories of public employees solely because 
such rights and responsibilities have not been 
extended to other categories of public employees 
covered by this Act; 
(C) the laws or ordinances of any State or 
political subdivision of a State that substan-
tially provide for the rights and responsibilities 
described in section 4(b), solely because such 
laws or ordinances provide that a contract or 
memorandum of understanding between a pub-
lic employer and a labor organization must be 
presented to a legislative body as part of the 
process for approving such contract or memo-
randum of understanding; or 
(D) the laws or ordinances of any State or 
political subdivision of a State that permit or 
require a public employer to recognize a labor 
organization on the basis of signed authoriza-
tions executed by employees designating the 
labor organization as their representative. 
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(4) LIMITED
ENFORCEMENT
POWER.—In the 
case of a law described in subsection (d)(2), the Au-
thority shall only exercise the powers provided in 
section 5 with respect to those categories of public 
employees for whom the State does not substantially 
provide the rights and responsibilities described in 
section 4(b). 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this 
Act. 
Æ 
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