H.R. 2736

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2736 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 2736

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

April 8, 2025

Mr. Norcross (for himself, Mr. Fitzpatrick, Mr. Deluzio, Ms. Adams, Ms. 
Ansari, Mr. Bacon, Ms. Barragan, Mr. Beyer, Ms. Bonamici, Mr. Boyle of 
Pennsylvania, Ms. Brown, Ms. Brownley, Ms. Budzinski, Ms. Bynum, Mr. 
Carson, Mr. Carter of Louisiana, Mr. Casar, Mr. Case, Mr. Casten, Ms. 
Castor of Florida, Mrs. Cherfilus-McCormick, Ms. Chu, Ms. Clarke of New 
York, Mr. Cleaver, Mr. Conaway, Mr. Courtney, Mr. Davis of Illinois, 
Ms. Dean of Pennsylvania, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Ms. 
Dexter, Mrs. Dingell, Ms. Elfreth, Mr. Evans of Pennsylvania, Mrs. 
Fletcher, Mr. Foster, Mrs. Foushee, Ms. Lois Frankel of Florida, Mr. 
Frost, Mr. Garamendi, Mr. Garbarino, Mr. Garcia of California, Mr. 
Garcia of Illinois, Ms. Gillen, Ms. Perez, Mr. Goldman of New York, Mr. 
Gomez, Ms. Goodlander, Mr. Gottheimer, Mrs. Hayes, Mr. Horsford, Ms. 
Houlahan, Mr. Hoyer, Mr. Ivey, Ms. Jacobs, Ms. Jayapal, Mr. Johnson of 
Georgia, Ms. Kelly of Illinois, Mr. Kennedy of New York, Mr. Khanna, 
Mr. Krishnamoorthi, Mr. Larson of Connecticut, Mr. Latimer, Mr. Lawler, 
Mr. Lynch, Mr. Magaziner, Mr. Mannion, Mrs. McBath, Ms. McBride, Mrs. 
McClain Delaney, Ms. McCollum, Mr. McGarvey, Mrs. McIver, Mr. Meeks, 
Mr. Menendez, Ms. Meng, Ms. Moore of Wisconsin, Mr. Morelle, Ms. 
Morrison, Mr. Moskowitz, Mr. Moulton, Mr. Mrvan, Mr. Mullin, Mr. 
Nadler, Ms. Norton, Ms. Ocasio-Cortez, Mr. Olszewski, Ms. Omar, Mr. 
Panetta, Mr. Peters, Ms. Pettersen, Mr. Pocan, Mr. Quigley, Ms. Ross, 
Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Mr. Schneider, Ms. Scholten, 
Mr. Sherman, Ms. Sherrill, Mr. Smith of Washington, Mr. Sorensen, Ms. 
Stansbury, Mr. Stanton, Mr. Subramanyam, Mr. Suozzi, Mr. Takano, Mr. 
Thompson of Mississippi, Ms. Titus, Ms. Tlaib, Ms. Tokuda, Mr. Tonko, 
Mr. Torres of New York, Mrs. Torres of California, Ms. Underwood, Mr. 
Vargas, Mr. Veasey, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson 
Coleman, and Ms. Williams of Georgia) introduced the following bill; 
which was referred to the Committee on Education and Workforce

_______________________________________________________________________

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Public Service Freedom to Negotiate 
Act of 2025''.

SEC. 2. DEFINITIONS.

(a) In General.--In this Act:
(1) Appropriate unit.--The term ``appropriate unit'' means 
a group of public employees or a group of supervisory employees 
appropriate for collective bargaining that share a community of 
interest, as demonstrated by factors including whether such 
group--
(A) has a bargaining history or history of prior 
organization; and
(B) reflects the desires of the employees who are 
seeking or proposing representation by a labor 
organization regarding the employees to be included in 
such bargaining unit.
(2) Authority.--The term ``Authority'' means the Federal 
Labor Relations Authority.
(3) Collective bargaining.--The term ``collective 
bargaining'', used with respect to public employees, 
supervisory employees, and public employers, means the 
performance of the mutual obligation of the representative of a 
public employer and the exclusive representative of an 
appropriate unit of public and supervisory employees of the 
employer to meet at reasonable times and to consult and bargain 
in a good-faith effort to reach agreement with respect to 
wages, hours, and other terms and conditions of employment 
affecting such employees and to execute a written document 
incorporating any collective bargaining agreement 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 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 effectuates management policies in the field of 
labor-management relations.
(5) Covered person.--The term ``covered person'' means an 
individual or a labor organization.
(6) Emergency services employee.--The term ``emergency 
services employee'' means--
(A) a public employee providing out-of-hospital 
emergency medical care, including an emergency medical 
technician, paramedic, or first responder; or
(B) a public employee providing other services in 
response to emergencies that have the potential to 
cause death or serious bodily injury, including an 
employee in fire protection activities (as defined in 
section 3(y) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(y))).
(7) Labor organization.--The term ``labor organization'' 
means any organization of any kind that is not under the 
control directly or indirectly by a public employer in which 
such 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 
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 political subdivision, including 
any regulations or ordinances issued by such State or such 
political subdivision.
(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 employed by a public employer in a position 
the duties and responsibilities of which require the individual 
to formulate or determine the policies of the public employer.
(11) Public employee.--The term ``public employee''--
(A) means an individual, employed by a public 
employer, who in any workweek is engaged in commerce or 
is employed in an enterprise engaged in commerce;
(B) includes an individual who is temporarily 
transferred to a supervisory or management position; 
and
(C) does not include--
(i) a supervisory employee;
(ii) a management employee;
(iii) a confidential employee; or
(iv) an elected official.
(12) Public employer.--The term ``public employer'' means 
an entity that--
(A) employs not less than 1 individual;
(B) is engaged in commerce; and
(C) is either--
(i) a State or the political subdivision of 
a State; or
(ii) any authority, agency, school 
district, board or other entity controlled and 
operated by an entity described in clause (i).
(13) 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.
(14) Supervisory employee.--The term ``supervisory 
employee'' means an individual, employed by a public employer, 
who in any workweek is engaged in commerce or is employed in an 
enterprise engaged in commerce and who--
(A) has the authority in the interest of the 
employer, if the exercise of such authority is not 
merely routine or clerical in nature but requires the 
consistent exercise of independent judgment, to--
(i) hire, promote, reward, transfer, 
furlough, lay off, recall, suspend, discipline, 
or remove public employees;
(ii) adjust the grievances of public 
employees; or
(iii) effectively recommend any action 
described in clause (i) or (ii); and
(B) devotes a majority of time at work to 
exercising the authority under subparagraph (A).
(b) Fair Labor Standards Act of 1938 Terms.--The terms 
``commerce'', ``employ'', ``enterprise engaged in commerce'', and 
``State'' have the meanings given such terms in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203).
(c) State Law.--If any term defined in this section has a 
substantially equivalent meaning to a 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.

SEC. 3. FEDERAL MINIMUM STANDARDS.

(a) Determination.--
(1) In general.--Not later than 180 days after the date of 
enactment of this Act (except as provided in paragraph (4)(C)), 
the Authority 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 subsection (b) and not later 
than 30 days after the enactment of this Act, the Authority 
shall establish procedures for the implementation of this 
section.
(2) Consideration of additional opinions.--In making the 
determination under paragraph (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 employer and labor organization 
substantially provides for the rights and procedures described 
in subsection (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 determination 
described in paragraph (1), the Authority may only consider the 
criteria described in subsection (b).
(4) 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) Request.--A public employee, supervisory 
employee, public employer, or a labor organization may 
submit to the Authority a written request for a 
subsequent determination with respect to whether a 
material change of State law has occurred.
(C) Issuance.--If satisfied that a material change 
in State law has occurred, the Authority shall issue a 
subsequent determination described under paragraph (1) 
not later than 30 days after receipt of such request.
(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 
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 subsections (c) and (d) of section 7123 of title 
5, United States Code, shall be followed.
(6) Rule of construction.--In making the determination 
described in paragraph (1), the Authority shall, as relevant, 
consider any requirement imposed by a consent decree entered 
into by the Department of Justice before, on, or after the date 
of enactment of this Act as substantially providing for the 
rights and procedures under subsection (b).
(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 organization 
or to refrain from any such activity;
(C) to bargain collectively through representatives 
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 such employees voting in 
the appropriate unit or chosen by voluntary recognition 
if that method is permitted under State law) without 
requiring an election to recertify or decertify a labor 
organization that is already recognized as the 
representative of such employees unless not less than 
30 percent of such employees in the bargaining 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 
collective bargaining agreement (except as 
permissible under clause (iv)); or
(iv) during the 30-day period beginning on 
the date that is 90 days before the end of a 
valid existing contract;
(B) collectively bargain with such recognized labor 
organization; and
(C) commit any agreements with such recognized 
labor organization to writing in a contract or 
memorandum of understanding.
(3) An interest impasse resolution mechanism, such as fact-
finding, mediation, arbitration, or comparable procedures that 
culminate in binding resolution.
(4) Payroll deduction of labor organization fees for any 
duly chosen representative of a public employee or supervisory 
employee pursuant to the terms of an agreement between the 
labor organization and such public or supervisory employee, 
which shall remain in effect until revoked by such employee in 
accordance with its terms.
(5) The prohibition of practices that interfere with, 
restrain, or coerce public or supervisory employees in the 
exercise of rights guaranteed in paragraph (1) or regulations 
issued thereunder.
(6) The enforcement of all relevant rights and procedures 
provided by State law and enumerated in this subsection.
(7) The enforcement of all rights and procedures provided 
by any written contract or memorandum of understanding between 
a labor organization and a public employer, through--
(A) a State agency, if the State so chooses;
(B) at the election of an aggrieved party, the 
State courts, if so permitted under State law; or
(C) a grievance resolution procedure culminating in 
binding arbitration negotiated in such contract or 
memorandum.
(c) Compliance With Rights and Procedures.--If the Authority 
determines under subsection (a)(1) that the laws of a State 
substantially provide each of the rights and procedures described in 
subsection (b), then subsection (d) shall not apply and this Act shall 
not preempt the laws of such State.
(d) Failure To Substantially Provide.--
(1) In general.--If the Authority determines under 
subsection (a)(1) that the laws of a State do not substantially 
provide for each of the rights and procedures described in 
subsection (b), then such State shall be subject to the rules 
and activities of the Authority 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 enactment of this Act; or
(C) in the case of a State receiving a subsequent 
determination described under subsection (a)(4), the 
date that is the last day of the first regular session 
of the legislature of the State that begins after the 
date the Authority made the determination.
(2) Partial failure.--If the Authority determines under 
subsection (a)(1) that a State does not substantially provide 
for each of the rights and procedures described in subsection 
(b) because the State fails to substantially provide for all of 
such rights and procedures 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)(4), beginning 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
(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 FEDERAL 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 bargaining rights and procedures that substantially provide 
for the minimum standards described in section 3(b) for States 
described in section 3(d).
(b) Role of the Federal Labor Relations Authority.--
(1) In general.--In carrying out subsection (a), the 
Authority shall--
(A) provide for the rights and procedures described 
in paragraphs (1) through (5) of section 3(b);
(B) supervise or conduct elections to determine 
whether a labor organization has been chosen as an 
exclusive representative by a majority of the public 
employees and supervisory employees voting in such 
election in an appropriate unit;
(C) determine the appropriateness of units for 
labor organization representation;
(D) conduct hearings and resolve complaints 
concerning violations of this Act or any rule or order 
issued by the Authority pursuant to this Act;
(E) resolve exceptions to the awards of arbitrators 
that violate or exceed the scope of public policy of 
this Act; and
(F) 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 ordering 
the taking of depositions, ordering responses to 
written interrogatories, and receiving and examining 
witnesses.
(2) Rule of construction.--In providing for the rights and 
procedures under paragraph (1)(A), nothing in this Act shall be 
construed as superseding, or creating or imposing any 
requirement in conflict with, any consent decree entered into 
by the Department of Justice before, on, or after the date of 
enactment of this Act.
(c) Enforcement.--
(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 section, 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 temporary relief or a restraining order. 
Any covered person 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 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) shall be brought not later than the 
earlier of--
(i) the date that is 180 days after the 
expiration of the 180-day period in 
subparagraph (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 serve notice of the 
Federal lawsuit to the Authority.
(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 controversy or the citizenship of the parties 
and may award reasonable attorneys' fees.

SEC. 5. LOCKOUTS AND EMPLOYEE STRIKES PROHIBITED WHEN EMERGENCY OR 
PUBLIC SAFETY SERVICES IMPERILED.

(a) In General.--Subject to subsection (b), any employer, 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 probable 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 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 emergency services employees or law enforcement 
officers.

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 enactment of 
this Act.

SEC. 7. EXCEPTIONS.

(a) In General.--The Authority shall not make a determination under 
section 3(a)(1) 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 public employer involved;
(2) do not cover public or supervisory employees of the 
State militia or national guard;
(3) do not apply to a political subdivision of a State if--
(A) such political subdivision has a population of 
fewer than 5,000 people or employs fewer than 25 public 
employees; and
(B) the State in which such political subdivision 
is located notifies the Authority that such subdivision 
is exempt from such laws before the date on which the 
Authority makes the determination; or
(4) do not require bargaining with respect to pension or 
retirement income benefits.
(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 columbia.--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 Columbia 
Government Comprehensive Merit Personnel Act of 
1978 (1-605.01, D.C. Official Code), 
establishing the Public Employee Relations 
Board of the District of Columbia; 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 subparagraph 
(A); or
(C) to limit or alter the powers of the government 
of the District of Columbia pursuant to the District of 
Columbia Home Rule Act (Public Law 93-198; 87 Stat. 
774).
(3) Actions of the authority.--Nothing in this Act shall be 
construed to preempt--
(A) the laws of any State or political subdivision 
of a State that substantially provide for the rights 
and procedures described in section 3(b);
(B) the laws of any State or political subdivision 
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 between a public 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; or
(C) the laws 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 
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 Authority shall only exercise 
the authority under section 4 with respect to the categories of 
public or supervisory employees for whom State law does not 
substantially provide the rights and procedures described in 
section 3(b).

SEC. 8. SEVERABILITY.

If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act, or 
the application of that provision to persons or circumstances other 
than those as to which it is held invalid, is not affected thereby.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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