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U.S. House Passes Mandatory Collective Bargaining Measure

By Laura Garcia,
TAC Legislative Staff


On July 1, the U.S. House of Representatives passed the Public Safety Employer-Employee Cooperation Act, H.R. 413, as an amendment to the War Laura GarciaSupplemental Appropriations legislation, H.R. 4899. It is now up to the Senate to consider whether to retain the measure.

The measure mandates that state and local governments enter into collective bargaining agreements with their public safety employees. The legislation prescribes minimum collective bargaining standards for state and local police, firefighters and emergency medical services personnel. There is presently no funding provided for implementation.

Under the legislation, every state must, at a minimum, ensure that its laws provide the following bargaining rights to public safety employees: grant public safety officers the right to form and join a labor organization; require public safety employers to recognize the employees' labor organization and agree to bargain with the union; provide for bargaining over hours, wages, and terms and conditions of employment; and require enforcement through state courts of all rights, responsibilities and protections provided by state law.

Currently, the legislation would allow states to exempt political subdivisions with populations of less than 5,000, or which employ fewer than 25 full-time employees, and would prohibit strikes and lockouts. The Federal Labor Relations Authority (FLRA) would determine whether state law meets the standards established by the legislation. As part of its authority, the FLRA would have the ability to determine the appropriateness of the bargaining units, conduct hearings to resolve disputes involving unfair labor practices, and supervise and conduct elections.

The National Association of Counties (NACo), the National League of Cities, and the National Sheriffs' Association, among other organizations, are opposed to the legislation.

For county officials with concerns about this measure, contact information for Senator Kay Bailey Hutchison and Senator John Cornyn is listed below:

Senator Kay Bailey Hutchison
284 Russell Senate Office Building
Washington, DC 20510
(202) 224.5922
Website Contact Form

Senator John Cornyn
517 Hart Senate Office Building
Washington, DC 20510
(202) 224.2934
Website Contact Form

For additional information on this article, please contact TAC Legislative Staffer Laura Garcia at (800) 456-5974 or laurag@county.org.


23 July 2010


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