Relative to public safety officers.

SA 3844. Mr. HARKIN (for himself, Mr. Kennedy, and Mr. Gregg)
proposed an amendment to amendment SA 3830 proposed by Mr. Harkin (for
himself, Mr. Kennedy, and Mr. Gregg) to the amendment SA 3500 proposed
by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr.
Grassley) to bill H.R. 2419, to provide for the continuation of
agricultural programs through fiscal year 2012, and for other purposes;
as folows:

In lieu of the matter to be inserted insert the following:

Subtitle __--Public Safety Officers

SEC. ___1. SHORT TITLE.

This subtitle may be cited as the ``Public Safety Employer-
Employee Cooperation Act of 2007''.

SEC. ___2. DECLARATION OF PURPOSE AND POLICY.

The Congress declares that the following is the policy of
the United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating
as a team, to carry out the public safety mission in a
quality work environment. In many public safety agencies it
is the union that provides the institutional stability as
elected leaders and appointees come and go.
(2) State and local public safety officers play an
essential role in the efforts of the United States to detect,
prevent, and respond to terrorist attacks, and to respond to
natural disasters, hazardous materials, and other mass
casualty incidents. State and local public safety officers,
as first responders, are a component of our Nation's National
Incident Management System, developed by the Department of
Homeland Security to coordinate response to and recovery from
terrorism, major natural disasters, and other major
emergencies. Public safety employer-employee cooperation is
essential in

[[Page S15364]]

meeting these needs and is, therefore, in the National
interest.
(3) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and the representatives of their employees to reach
and maintain agreements concerning rates of pay, hours, and
working conditions, and to make all reasonable efforts
through negotiations to settle their differences by mutual
agreement reached through collective bargaining or by such
methods as may be provided for in any applicable agreement
for the settlement of disputes.
(4) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and
intrastate commerce. The lack of such labor-management
cooperation can detrimentally impact the upgrading of police
and fire services of local communities, the health and well-
being of public safety officers, and the morale of the fire
and police departments. Additionally, these factors could
have significant commercial repercussions. Moreover,
providing minimal standards for collective bargaining
negotiations in the public safety sector can prevent
industrial strife between labor and management that
interferes with the normal flow of commerce.

SEC. ___3. DEFINITIONS.

In this subtitle:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care,
including an emergency medical technician, paramedic, or
first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, or political
subdivision of a State, that employs public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which
represents such employees before public safety agencies
concerning grievances, conditions of employment, and related
matters.
(6) 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 (42
U.S.C. 3796b).
(7) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this subtitle. If no such
State law is in effect, the term means an individual employed
by a public safety employer in a position that requires or
authorizes the individual to formulate, determine, or
influence the policies of the employer.
(8) Person.--The term ``person'' means an individual or a
labor organization.
(9) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who is a
law enforcement officer, a firefighter, or an emergency
medical services personnel;
(B) includes an individual who is temporarily transferred
to a supervisory or management position; and
(C) does not include a permanent supervisory or management
employee.
(10) 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.
(11) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements
of this subtitle, specifically, the right to form and join a
labor organization, the right to bargain over wages, hours,
and conditions of employment, the right to sign an
enforceable contract, and availability of some form of
mechanism to break an impasse, such as arbitration,
mediation, or fact-finding.
(12) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this
subtitle. If no such State law is in effect, the term means
an individual, employed by a public safety employer, who--
(A) has the authority in the interest of the employer to
hire, direct, assign, promote, reward, transfer, furlough,
lay off, recall, suspend, discipline, or remove public safety
officers, to adjust their grievances, or to effectively
recommend such action, if the exercise of the authority is
not merely routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising such
authority.

SEC. ___4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this subtitle, the Authority shall make a
determination as to whether a State substantially provides
for the rights and responsibilities described in subsection
(b). In making such determinations, the Authority shall
consider and give weight, to the maximum extent practicable,
to the opinion of affected parties.
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to paragraph
(1) shall remain in effect unless and until the Authority
issues a subsequent determination, in accordance with the
procedures set forth in subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer 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.
(3) Judicial review.--Any person or employer aggrieved by a
determination of the Authority under this section 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 person or employer
resides or transacts business or in the District of Columbia
circuit, for judicial review. In any judicial review of a
determination by the Authority, the procedures contained in
subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider
whether State law provides rights and responsibilities
comparable to or greater than the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management
employees and supervisory employees, that is, or seeks to be,
recognized as the exclusive bargaining representative of such
employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Making available an interest impasse resolution
mechanism, such as fact-finding, mediation, arbitration, or
comparable procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections provided
by State law and enumerated in this section; and
(B) any written contract or memorandum of understanding.
(c) 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 subsection (b), such State
shall be subject to the regulations and procedures described
in section ___5.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 2 years after the date of enactment of this
subtitle.

SEC. ___5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, the Authority shall issue
regulations in accordance with the rights and
responsibilities described in section ___4(b) establishing
collective bargaining procedures for employers and public
safety officers 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 Authority.--The
Authority, to the extent provided in this subtitle and in
accordance with regulations prescribed by the Authority,
shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a voting majority of the employees in an
appropriate unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this subtitle,
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, and
administering oaths, taking or ordering the taking of
depositions, ordering responses to written interrogatories,
and receiving and examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority 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 final orders
under this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with

[[Page S15365]]

subsections (c) and (d) of section 7123 of title 5, United
States Code.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph
(1), any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection
(b), and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by
this subsection to bring a suit to enforce compliance with
any order issued by the Authority pursuant to this section
shall terminate upon the filing of a petition seeking the
same relief by the Authority.

SEC. ___6. STRIKES AND LOCKOUTS PROHIBITED.

(a) Prohibition.--An employer, public safety officer, or
labor organization may not engage in a lockout, sickout, work
slowdown, strike, or any other action that will measurably
disrupt the delivery of emergency services and is designed to
compel an employer, public safety officer, or labor
organization to agree to the terms of a proposed contract.
(b) Mandatory Terms and Conditions.--It shall not be a
violation of subsection (a) for a public safety officer or
labor organization to refuse to carry out services that are
not required under the mandatory terms and conditions of
employment applicable to the public safety officer or labor
organization.

SEC. ___7. EXISTING COLLECTIVE BARGAINING UNITS AND
AGREEMENTS.

A certification, recognition, election-held, collective
bargaining agreement or memorandum of understanding which has
been issued, approved, or ratified by any public employee
relations board or commission or by any State or political
subdivision or its agents (management officials) and is in
effect on the day before the date of enactment of this
subtitle shall not be invalidated by the enactment of this
subtitle.

SEC. ___8. CONSTRUCTION AND COMPLIANCE.

(a) Construction.--Nothing in this subtitle shall be
construed--
(1) to preempt or limit the remedies, rights, and
procedures of any law of any State or political subdivision
of any State or jurisdiction that provides greater or
comparable rights and responsibilities than the rights and
responsibilities described in section ___4(b);
(2) to prevent a State from enforcing a right-to-work law
that prohibits employers and labor organizations from
negotiating provisions in a labor agreement that require
union membership or payment of union fees as a condition of
employment;
(3) to preempt or limit any State law in effect on the date
of enactment of this subtitle that provides for the rights
and responsibilities described in section ___4(b) solely
because such State law permits an employee to appear on the
employee's own behalf with respect to the employee's
employment relations with the public safety agency involved;
(4) to preempt or limit any State law in effect on the date
of enactment of this subtitle that provides for the rights
and responsibilities described in section ___4(b) solely
because such State law excludes from its coverage employees
of a State militia or national guard;
(5) to permit parties in States subject to the regulations
and procedures described in section ___5 to negotiate
provisions that would prohibit an employee from engaging in
part-time employment or volunteer activities during off-duty
hours;
(6) to prohibit a State from exempting from coverage under
this subtitle a political subdivision of the State that has a
population of less than 5,000 or that employs less than 25
full-time employees; or
(7) to preempt or limit the laws or ordinances of any State
or political subdivision of a State that provide for the
rights and responsibilities described in section ___4(b)
solely because such law does not require bargaining with
respect to pension, retirement, or health benefits.

For purposes of paragraph (6), the term ``employee'' includes
each and every individual employed by the political
subdivision except any individual elected by popular vote or
appointed to serve on a board or commission.
(b) Compliance.--
(1) Actions of states.--Nothing in this subtitle or the
regulations promulgated under this subtitle shall be
construed to require a State to rescind or preempt the laws
or ordinances of any of its political subdivisions if such
laws provide rights and responsibilities for public safety
officers that are comparable to or greater than the rights
and responsibilities described in section ___4(b).
(2) Actions of the authority.--Nothing in this subtitle or
the regulations promulgated under this subtitle shall be
construed to preempt--
(A) the laws or ordinances of any State or political
subdivision of a State, if such laws provide collective
bargaining rights for public safety officers that are
comparable to or greater than the rights enumerated in
section ___4(b);
(B) the laws or ordinance of any State or political
subdivision of a State that provide for the rights and
responsibilities described in section ___4(b) with respect to
certain categories of public safety officers covered by this
subtitle solely because such rights and responsibilities have
not been extended to other categories of public safety
officers covered by this subtitle; or
(C) the laws or ordinances of any State or political
subdivision of a State that provides 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 public safety employer and a labor
organization must be presented to a legislative body as part
of the process for approving such contract or memorandum of
understanding.
(3) Limited enforcement power.--In the case of a law
described in paragraph (2)(B), the Authority shall only
exercise the powers provided in section ___5 with respect to
those categories of public safety officers who have not been
afforded the rights and responsibilities described in section
___4(b).
(4) Exclusive enforcement provision.--Notwithstanding any
other provision of this subtitle, and in the absence of a
waiver of a State's sovereign immunity, the Authority shall
have the exclusive power to enforce the provisions of this
subtitle with respect to employees of a State or political
subdivision of a State.

SEC. ___9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subtitle.
This section shall take effect one day after this bill's
enactment.
______