Sen. Harry Reid (D-NV) this week reintroduced the Public Safety Employer-Employee Cooperation Act of 2010 (PSEECA) (S. 3991), legislation that would provide firefighters, police officers, and emergency medical personnel with collective bargaining rights in states and localities that do not currently provide them. Additionally, the measure would establish minimum standards for collective bargaining rights for public safety officers and give the Federal Labor Relations Authority (FLRA) the power to regulate and enforce these rights.

The minimum collective bargaining rights established by this bill include the following:

• The right to form and join a labor organization, which may exclude management employees, supervisory employees, and confidential employees;
• The requirement that public safety employers recognize and agree to bargain with the employees’ labor organization;
• The right to bargain over hours, wages, and terms and conditions of employment;
• The availability of a dispute resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures.
• The FLRA would have the authority to determine whether a state’s collective bargaining arrangements meet the above standards. In addition, the FLRA would have the power to, among other things, determine the appropriateness of the bargaining units, conduct hearings to resolve disputes involving unfair labor practices, and supervise and conduct elections.

The PSEECA would not prohibit a state from enforcing right-to-work laws, exempting from coverage political subdivisions of the state with populations of less than 5,000, or exempting from coverage individuals employed by the sheriff’s office.

Earlier versions of this measure were introduced as standalone bills on three previous occasions during the 111th Congress (H.R. 413; S. 1611, 3194). Additionally, in July, the Senate rejected a supplemental appropriations bill that contained the PSEECA. The measure was likely placed in the larger spending bill to increase its chances of passage.

Sen. Reid has indicated that he may move on this bill during the lame duck session of Congress.

Photo credit: MargoJH