Exceptions

(a) In general The Authority shall not make a determination under section 3(a)(1) that the laws of a State do not substantially provide for the rights and procedures under section 3(b) on the basis that relevant State laws— (1) permit a public or supervisory employee to appear on the employee's own behalf with respect to the relationship of the public employee with the public employer involved; (2) do not cover public or supervisory employees of the State militia or national guard; (3) do not apply to a political subdivision of a State if— (A) such political subdivision has a population of fewer than 5,000 people or employs fewer than 25 public employees; and (B) the State in which such political subdivision is located notifies the Authority that such subdivision is exempt from such laws before the date on which the Authority makes the determination; or (4) do not require bargaining with respect to pension or retirement income benefits. (b) Compliance (1) Actions of States Nothing in this Act shall be construed to require a State to rescind or preempt the laws of any political subdivision of the State if such laws substantially provide for the rights and procedures described in section 3(b). (2) Actions of the District of Columbia Nothing in this Act or in the rules issued under this Act shall be construed— (A) to require the District of Columbia to rescind— (i) section 501 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (1–605.01, D.C. Official Code), establishing the Public Employee Relations Board of the District of Columbia; or (ii) section 502 of such Act (1–605.02, D.C. Official Code), establishing the power of the Board; (B) to preempt the laws described in subparagraph (A); or (C) to limit or alter the powers of the government of the District of Columbia pursuant to the District of Columbia Home Rule Act (Public Law 93–198; 87 Stat. 774). (3) Actions of the authority Nothing in this Act shall be construed to preempt— (A) the laws of any State or political subdivision of a State that substantially provide for the rights and procedures described in section 3(b); (B) the laws of any State or political subdivision of a State that substantially provide for the rights and procedures described in section 3(b), solely because such laws provide that a contract or memorandum of understanding between a public employer and a labor organization must be presented to a legislative body as part of the process for approving such contract or memorandum of understanding; or (C) the laws of any State or political subdivision of a State that permit or require a public employer to recognize a labor organization on the basis of signed authorizations executed by employees designating the labor organization as their representative. (4) Limited enforcement power In the case of a law described in section 3(d)(2), the Authority shall only exercise the authority under section 4 with respect to the categories of public or supervisory employees for whom State law does not substantially provide the rights and procedures described in section 3(b).