Definitions

(a) In general In this Act: (1) Appropriate unit The term appropriate unit means a group of public employees or a group of supervisory employees appropriate for collective bargaining that share a community of interest, as demonstrated by factors including whether such group— (A) has a bargaining history or history of prior organization; and (B) reflects the desires of the employees who are seeking or proposing representation by a labor organization regarding the employees to be included in such bargaining unit. (2) Authority The term Authority means the Federal Labor Relations Authority. (3) Collective bargaining The term collective bargaining, used with respect to public employees, supervisory employees, and public employers, means the performance of the mutual obligation of the representative of a public employer and the exclusive representative of an appropriate unit of public and supervisory employees of the employer to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to wages, hours, and other terms and conditions of employment affecting such employees and to execute a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession (as described in section 8(d) of the National Labor Relations Act (29 U.S.C. 158(d))). (4) Confidential employee The term confidential employee means an employee of a public employer who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations. (5) Covered person The term covered person means an individual or a labor organization. (6) Emergency services employee The term emergency services employee means— (A) a public employee providing out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder; or (B) a public employee providing other services in response to emergencies that have the potential to cause death or serious bodily injury, including an employee in fire protection activities (as defined in section 3(y) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(y))). (7) Labor organization The term labor organization means any organization of any kind that is not under the control directly or indirectly by a public employer in which such employees participate and which exists for the purpose, in whole or in part, of dealing with public employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (8) Law The term law, used with respect to a State or a political subdivision thereof, includes the application of the laws of such State or such political subdivision, including any regulations or ordinances issued by such State or such political subdivision. (9) Law enforcement officer The term law enforcement officer has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284). (10) Management employee The term management employee means an individual employed by a public employer in a position the duties and responsibilities of which require the individual to formulate or determine the policies of the public employer. (11) Public employee The term public employee — (A) means an individual, employed by a public employer, who in any workweek is engaged in commerce or is employed in an enterprise engaged in commerce; (B) includes an individual who is temporarily transferred to a supervisory or management position; and (C) does not include— (i) a supervisory employee; (ii) a management employee; (iii) a confidential employee; or (iv) an elected official. (12) Public employer The term public employer means an entity that— (A) employs not less than 1 individual; (B) is engaged in commerce; and (C) is either— (i) a State or the political subdivision of a State; or (ii) any authority, agency, school district, board or other entity controlled and operated by an entity described in clause (i). (13) Substantially provides The term substantially provides, used with respect to the rights and procedures described in section 3(b), means providing rights and procedures that are equivalent to or greater than each of the rights and procedures described in such section. (14) Supervisory employee The term supervisory employee means an individual, employed by a public employer, who in any workweek is engaged in commerce or is employed in an enterprise engaged in commerce and who— (A) has the authority in the interest of the employer, if the exercise of such authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, to— (i) hire, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public employees; (ii) adjust the grievances of public employees; or (iii) effectively recommend any action described in clause (i) or (ii); and (B) devotes a majority of time at work to exercising the authority under subparagraph (A). (b) Fair Labor Standards Act of 1938 terms The terms commerce, employ, enterprise engaged in commerce, and State have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (c) State law If any term defined in this section has a substantially equivalent meaning to a term (or a substantially equivalent term) under applicable State law on the date of the enactment of this Act, such term (or substantially equivalent term) and meaning under such applicable State law shall apply with respect to the term defined under this Act with respect to such State.