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.