Determination of Rights and Responsibilities. H.R. 980/S. 2123 would require States, the District of Columbia, and territories to "substantially provide" for the following collective bargaining rights and responsibilities:

• granting the right of public safety officers to form and join a labor organization;
• requiring a public safety employer to recognize and agree to bargain with employees' -- freely and majority chosen -- labor organization;
• providing for bargaining over hours, wages, and the terms and conditions of employment;
• providing a means to resolve impasses, including fact-finding, mediation, and arbitration; and
• permitting enforcement of these rights, responsibilities, and protections and any written contract or memorandum of understanding through State courts.

No later than one year after enactment, the Federal Labor Relations Authority ("Authority") must issue regulations establishing procedures by which states can meet these requirements.

H.R. 980/S. 2123 would require the Authority to determine within 180 days whether a state has met these requirements. The Authority could consider the opinion of affected employers and labor organizations, and an agreement by both parties that the applicable law is sufficient would be give maximum weight.

The Authority's determination would remain in effect until an employer or labor organization requests a subsequent determination on the basis of a material change in state law or its interpretation has occurred, the Authority agrees a material change has occurred, and the Authority issues a subsequent determination within 30 days of the request

H.R. 980/S. 2123 would provide for judicial review, in the U.S. Court of Appeals, of a determination within 60 days of the Authority's decision.

Role of Authority. H.R 980/S. 2123 would subjects states not in compliance with the law will be subject to the following regulations and procedures (effective two years after the date of enactment):

• H.R. 980/S. 2123 would permit the Authority to petition the U.S. Court of Appeals to enforce any final orders or to gain temporary relief or a restraining order; and
• H.R. 980/S. 2123 would, in absence of a petition by the Authority in the U.S. Court of Appeals, establish a private right of action, which would permit any interested party to sue, in U.S. District Court, any political subdivision of the state or, if the state has waived sovereign immunity, the state itself to enforce compliance with an Authority order or the prohibition on strikes and lockouts.

H.R. 980/S. 2123 would authorize the Authority to determine the appropriateness of units for labor organization representation; supervise and 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 faith; 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 such activities without fear of penalty; direct compliance of a state that is not in compliance with the regulations; and to take necessary and appropriate actions, including issuing subpoenas, administering oaths, taking depositions, ordering responses to written interrogatories, and receiving and examining witnesses, to effectively administer the law.

Strikes and Lockouts. H.R. 980/S. 2123 would expressly prohibit strikes and work slowdowns by public safety officers or labor unions or lockouts by public safety employers. In addition to strikes and lockouts, the legislation would ban any other action that will measurably disrupt the delivery of emergency services. It would not, however, be a violation to refuse to carry out services not required under the mandatory terms and conditions of employment.