Public Safety Employer-Employee Cooperation Act of 2007
Encyclopedia
The Public Safety Employer-Employee Cooperation Act of 2007, introduced in the 110th Congress, proposed to establish minimum standards for state collective bargaining laws for public safety officers.
Although the Act would allow the parties to seek mediation to resolve their differences, it would not force employers into binding arbitration.
The Federal Labor Relations Authority
shall, within 180 days of enactment, make a determination as to whether a State substantially provides for the rights and responsibilities described in the Act.
The Federal Labor Relations Authority
shall have the authority to:
Strikes
and lockouts are prohibited by the Act.
(required for cloture
) in the U.S. Senate
.
The House Committee on Labor and Education approved the legislation on June 20, 2007 with an overwhelmingly bipartisan vote of 42-1.
The bill passed the full U.S. House of Representatives 314-97 (with 20 not voting) on July 17, 2007.
On October 1, 2007, the Senate version of the bill (S.2123) was introduced by Senators Judd Gregg
(R-NH) and Edward Kennedy
(D-MA) with 10 Republican cosponsors. However, on December 14, 2007, the Act was offered and later withdrawn as an amendment to the 2007 U.S. Farm Bill with opposition led by Jim DeMint
(R-SC) and Mike Enzi
(R-WY).
On May 14, 2008, the Senate held a procedural vote to begin debate on the bill. While the 69-29 tally seemed to indicate the bill would pass the Senate by a veto-proof margin, Senate Democrats dropped the bill May 15, 2008 after Republicans complained they didn't have enough time to offer amendments. Senate Majority Leader Harry Reid
said he did not have enough votes to force final consideration of the bill. According to a press release by the IAFF
, Senator Lindsey Graham
(R-SC) introduced a non-germane motion to attach Senator John McCain
’s (R-AZ) GI Bill of Rights to S.2123. The press release refers to the motion as "a move designed both to sidetrack debate on the bill and boost the candidacy of presumptive Republican presidential nominee John McCain." The maneuvering prompted angry rebuke from Senator Kennedy on the Senate floor. "We have seen this parliamentary gimmick that has taken place offered by the Republican leadership that is a slap in the face to every firefighter and police officer and first responder in the country." Kennedy also questioned whether or not John McCain approved the Republican's strategy. In spite of the apparent discord, Senator Reid has indicated that the bill is not dead and that Democrats and Republicans will be able to work out a bipartisan deal on how to handle amendments.
, International Union of Police Associations, AFL-CIO, and Fraternal Order of Police
. The bill is also supported by the National Association of Police Organizations and the American Federation of State, County, and Municipal Employees.
, the National Sheriffs' Association
, the International Association of Chiefs of Police, the National Association of Counties, the National Right to Work Committee, the National Alliance for Worker and Employer Rights, the National Public Employer Labor Relations Association, the International Public Management Association for Human Resources, and the International Municipal Lawyers Association are lobbying against the bill. The Heritage Foundation
has been particularly critical, and claims that the bill is part of an attack on volunteer fire departments. However, The National Volunteer Fire Council wrote an article published in Fire Engineering magazine explaining how the NVFC worked diligently with Senate staff to include language in the Senate version of the bill that protects the right of career firefighters to volunteer during off-duty hours.
Provisions
The bill would ensure:- The right to join a union and have the union recognized by the employer
- The right of public safety officers to bargainCollective bargainingCollective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
over wages, hours, and working conditions - A dispute resolutionDispute resolutionDispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...
mechanism, such as fact finding or mediationMediationMediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement... - Enforcement of contracts through state courts
Although the Act would allow the parties to seek mediation to resolve their differences, it would not force employers into binding arbitration.
The Federal Labor Relations Authority
Federal Labor Relations Authority
The Federal Labor Relations Authority is an independent agency of the United States government that governs labor relations between the federal government and its employees....
shall, within 180 days of enactment, make a determination as to whether a State substantially provides for the rights and responsibilities described in the Act.
The Federal Labor Relations Authority
Federal Labor Relations Authority
The Federal Labor Relations Authority is an independent agency of the United States government that governs labor relations between the federal government and its employees....
shall have the authority to:
- Determine the appropriateness of units for labor organization representation
- Supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a voting majority of the employees
- Resolve issues relating to the duty to bargain in good faithGood faithIn philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
- Conduct hearings and resolve complaints of unfair labor practices
- Resolve exceptions to the awards of arbitrators
- 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
- Take such other actions as are necessary and appropriate to effectively administer the Act
Strikes
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
and lockouts are prohibited by the Act.
Legislative history
Previous versions of the Public Safety Employer-Employee Cooperation Act narrowly missed a 60-vote supermajoritySupermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
(required for cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
) in the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
The House Committee on Labor and Education approved the legislation on June 20, 2007 with an overwhelmingly bipartisan vote of 42-1.
The bill passed the full U.S. House of Representatives 314-97 (with 20 not voting) on July 17, 2007.
On October 1, 2007, the Senate version of the bill (S.2123) was introduced by Senators Judd Gregg
Judd Gregg
Judd Alan Gregg is a former Governor of New Hampshire and former United States Senator from New Hampshire, who served as chairman of the Senate Budget Committee. He is a member of the Republican Party and was a businessman and attorney in Nashua before entering politics...
(R-NH) and Edward Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA) with 10 Republican cosponsors. However, on December 14, 2007, the Act was offered and later withdrawn as an amendment to the 2007 U.S. Farm Bill with opposition led by Jim DeMint
Jim DeMint
James Warren "Jim" DeMint is the junior U.S. Senator from South Carolina, serving since 2005. He is a member of the Republican Party and a leader in the Tea Party movement. He previously served as the U.S. Representative for from 1999 to 2005.-Early life and education:DeMint was born in...
(R-SC) and Mike Enzi
Mike Enzi
Michael Bradley "Mike" Enzi is the senior U.S. Senator from Wyoming and a member of the Republican Party.Raised in Thermopolis, Wyoming, Enzi attended George Washington University and the University of Denver. He expanded his father's shoe store business in Gillette before being elected mayor of...
(R-WY).
On May 14, 2008, the Senate held a procedural vote to begin debate on the bill. While the 69-29 tally seemed to indicate the bill would pass the Senate by a veto-proof margin, Senate Democrats dropped the bill May 15, 2008 after Republicans complained they didn't have enough time to offer amendments. Senate Majority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
said he did not have enough votes to force final consideration of the bill. According to a press release by the IAFF
International Association of Fire Fighters
The International Association of Fire Fighters is a labor union representing professional firefighters in the United States and Canada. The IAFF was formed in 1918 and is affiliated with the AFL-CIO in the United States and the Canadian Labour Congress in Canada. The IAFF is headquartered in...
, Senator Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
(R-SC) introduced a non-germane motion to attach Senator John McCain
John McCain
John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....
’s (R-AZ) GI Bill of Rights to S.2123. The press release refers to the motion as "a move designed both to sidetrack debate on the bill and boost the candidacy of presumptive Republican presidential nominee John McCain." The maneuvering prompted angry rebuke from Senator Kennedy on the Senate floor. "We have seen this parliamentary gimmick that has taken place offered by the Republican leadership that is a slap in the face to every firefighter and police officer and first responder in the country." Kennedy also questioned whether or not John McCain approved the Republican's strategy. In spite of the apparent discord, Senator Reid has indicated that the bill is not dead and that Democrats and Republicans will be able to work out a bipartisan deal on how to handle amendments.
Support
The bill is a top legislative priority of the International Association of Fire FightersInternational Association of Fire Fighters
The International Association of Fire Fighters is a labor union representing professional firefighters in the United States and Canada. The IAFF was formed in 1918 and is affiliated with the AFL-CIO in the United States and the Canadian Labour Congress in Canada. The IAFF is headquartered in...
, International Union of Police Associations, AFL-CIO, and Fraternal Order of Police
Fraternal Order of Police
The Fraternal Order of Police is an organization of sworn law enforcement officers in the United States. It claims a membership of over 325,000 members organized in 2100 local chapters , organized into local lodges, state lodges, and the national Grand Lodge...
. The bill is also supported by the National Association of Police Organizations and the American Federation of State, County, and Municipal Employees.
Opposition
The National League of CitiesNational League of Cities
The National League of Cities is an American advocacy organization representing 19,000 cities, towns, and villages, and encompassing 49 state municipal leagues....
, the National Sheriffs' Association
National Sheriffs' Association
The National Sheriffs' Association is a U.S. trade association dedicated to raising the level of professionalism among U.S. sheriffs, their deputies and others in the fields of criminal justice and public safety. Since its founding in 1940, NSA has been the one voice of the nation's sheriffs in...
, the International Association of Chiefs of Police, the National Association of Counties, the National Right to Work Committee, the National Alliance for Worker and Employer Rights, the National Public Employer Labor Relations Association, the International Public Management Association for Human Resources, and the International Municipal Lawyers Association are lobbying against the bill. The Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...
has been particularly critical, and claims that the bill is part of an attack on volunteer fire departments. However, The National Volunteer Fire Council wrote an article published in Fire Engineering magazine explaining how the NVFC worked diligently with Senate staff to include language in the Senate version of the bill that protects the right of career firefighters to volunteer during off-duty hours.
See also
- Collective bargainingCollective bargainingCollective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
- Right-to-work lawRight-to-work lawRight-to-work laws are statutes enforced in twenty-two U.S. states, mostly in the southern or western U.S., allowed under provisions of the federal Taft–Hartley Act, which prohibit agreements between labor unions and employers that make membership, payment of union dues, or fees a condition of...
- At-will employmentAt-will employmentAt-will employment is a doctrine of American law that defines anemployment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a...
- Federal Labor Relations AuthorityFederal Labor Relations AuthorityThe Federal Labor Relations Authority is an independent agency of the United States government that governs labor relations between the federal government and its employees....
- Department of Public SafetyDepartment of Public SafetyThe Department of Public Safety , also called an Office of Public Safety, is a state or local government umbrella agency in the United States which serves to assist the certain agencies in their services by providing administrative, financial, and technical services and support for core public...
External links
- Full text of H.R. 980 from The Library of Congress
- How members voted from Project Vote SmartProject Vote SmartProject Vote Smart is a non-profit, non-partisan research organization that collects and distributes information on candidates for public office in the United States...
- H.R. 980 Cost Estimate from the Congressional Budget OfficeCongressional Budget OfficeThe Congressional Budget Office is a federal agency within the legislative branch of the United States government that provides economic data to Congress....
- "Collective Bargaining Rights for Public Safety Workers," The Gavel - U.S. Speaker of the House Nancy PelosiNancy PelosiNancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
's blog - Public Safety Employer-Employee Cooperation Act (H.R. 980) YouTubeYouTubeYouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
Video prepared by the House Committee on Education and Labor - "The Public Safety Employer–Employee Cooperation Act Removes State Flexibility," The Heritage FoundationThe Heritage FoundationThe Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...
, July 6, 2007. Accessed July 25, 2007. - "A poor bargain," The Washington TimesThe Washington TimesThe Washington Times is a daily broadsheet newspaper published in Washington, D.C., the capital of the United States. It was founded in 1982 by Unification Church founder Sun Myung Moon, and until 2010 was owned by News World Communications, an international media conglomerate associated with the...
, July 6, 2007. Accessed July 25, 2007.