Public Safety Workers Collective Bargaining Bill Being Offered as Amendment to Farm Bill in Senate
December 13, 2007
Tomorrow, in the United States Senate, the Public Safety Employer-Employee Cooperation Act (S 2123) is being offered as an amendment to the Farm Bill (HR 2419). This amendment would grant basic collective bargaining rights to all public safety officers, including EMS professionals, police officers, and firefighters.
The legislation would establish minimum standards for state collective bargaining laws, including:
- the right of public safety officers to bargain over wages, hours and working conditions;
- a dispute resolution mechanism, such as fact finding or mediation;
- enforcement of contracts through state courts
The legislation expressly prohibits strikes and lockouts; does not infringe on right-to-work laws; and does not interfere with existing state laws and collective bargaining agreements.
The amendment will be offered by Senators Tom Harkin (D-IA), Edward Kennedy (D-MA) and Judd Gregg (R-NH).
BACKGROUND
Public safety benefits immeasurably from productive partnerships between employers and employees. Studies have shown that communities promoting such cooperation enjoy more effective and efficient delivery of emergency services. Such cooperation, however, is undermined in states that do not provide public safety employees with the fundamental right to bargain with their employers.
Over the years, Congress has expanded the scope of collective bargaining laws to protect private sector employees, non-profit association employees, transportation workers, federal government employees, and, most recently, congressional employees. One of the few groups of workers not covered by federal law is state and local government employees, including public safety officers.
While Congress has historically given states and localities wide latitude in managing their own employees, the increasing role of the public safety community in homeland security creates an obligation for the federal government to ensure that public safety officers have basic collective bargaining rights.
KEY POINTS
- Labor-management partnerships, which are built on bargaining relationships, enhance public safety.
- Cooperation between public safety employers and employees makes police departments more effective by enabling rank-and-file workers to provide input into the most efficient methods of providing services.
- A nationwide poll found that voters overwhelmingly support federal legislation to grant public safety employees bargaining rights. This support cuts across party, geographic and demographic lines.
- Given the unique responsibilities of the public safety community, the bill specifically outlaws strikes by fire fighters, police officers and emergency medical personnel. Moreover, collective bargaining laws prevent strikes by providing a forum for public safety officers to express their views.
States That Would Be Impacted
States that Prohibit Bargaining: North Carolina and Virginia
States that Permit Bargaining by Local Option, but Prohibit Legally Enforceable Contracts: *Alabama , Arkansas, South Carolina, and Tennessee
States that Permit Bargaining by Local Option: **Arizona , Colorado, ***Georgia , Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Texas, and West Virginia
States that Require Bargaining for Fire Fighters, But Not Law Enforcement: Idaho, Missouri, Utah, and Wyoming
*Alabama law provides for a right to form and join a union only.
**Arizona law allows a meet and confer only; some localities may have the authority to enter into agreements, but not all.
***Georgia law does not require an impasse resolution; does not provide for review in state courts; and only covers fire fighters employed by large municipalities.