Introduction

The United States Senate is currently considering a bill entitled the Public Safety Employer-Employee Cooperation Act of 2007 (S. 2123). The House of Representatives has already passed a bill by the same name (H.R. 980). If enacted, the legislation would mandate collective bargaining– negotiations between employers and employees over the terms and conditions of employment- for local public safety agencies. This article provides a basic overview of the law being considered.

What public safety employees would be affected?

The legislation would apply to law enforcement officers, firefighters, and emergency medical services personnel. The law would not apply to supervisory or management employees.
Law enforcement officers are defined by the proposed law to include individuals involved in crime and juvenile delinquency control or reduction, or enforcement of criminal laws, including but not limited to police, corrections, probation, parole, and judicial officers.

Firefighters would include employees trained in fire suppression, who have the legal authority and responsibility to engage in fire suppression, and are engaged in the prevention, control, and extinguishment of fires of response to emergency situations where life, property, or environment is at risk.

Emergency medical services employees are defined by the legislation as those who provide out-of-hospital emergency medical care, including EMT’s, paramedics, or first responders.

What rights would be afforded to public safety employees?

In general, the legislation would authorize public safety employees to form and join labor organizations and mandate employers to bargain with labor organizations over hours, wages, and terms and conditions of employment. Agreements will be required to be committed to writing in contracts or memorandums of understanding. Moreover, impasse resolution procedures, such as fact-finding, mediation, or arbitration, will be available if the sides reach impasse. Strikes and lockouts would be prohibited.

How will the law be enforced?

The new law would be enforced by the Federal Labor Relations Authority (“FLRA”).

The FLRA will make a determination within 180 days of enactment of the legislation regarding whether a State’s laws substantially provide for the rights and responsibilities described above. If a State is not in substantial compliance, then it will become subject to regulations to be adopted by the FLRA within one year of enactment of the legislation. (Note: a State will not be found non-compliant simply because it does not mandate bargaining over pension, retirement, or health benefits.)

Under the regulations to be adopted to be adopted, the FLRA would determine the appropriateness of bargaining units, supervise/conduct representation elections, hear bad faith bargaining claims, adjudicate unfair labor practice complaints, resolve exceptions to arbitration awards, protect employees’ rights to engage in union activities, and take all actions necessary to administer the Act, e.g., issue subpoenas, administer oaths, issue discovery orders.

What will happen to States that already have collective bargaining?

The legislation would not preempt State laws that the FLRA determined provide comparable or greater rights for public safety officers. Any collective bargaining agreements in effect at the time the law was passed would remain in effect.

Moreover, the legislation would not prevent States from enforcing “right to work” laws which prohibit union membership or payment of union fees being made a condition of employment. State laws will also remain enforceable which permit individual employees to represent themselves in connection with employment relations. States may also exempt any political subdivision that has a population of less than 5000 or employs less than 25 employees.

Conclusion

If enacted, the Public Safety Employer-Employee Cooperation Act of 2007 will effect significant changes in States which currently do not afford collective bargaining rights for public safety employees. In other States, such as California or New York, where labor relations are highly regulated, there will be less of an impact, although the influence of the federal government will undoubtedly be felt from time to time. Employers should closely follow the progress of this legislation and consult with their attorneys regarding any adjustments that may be required if the legislation is enacted.