Federal minimum standards

(a) Determination (1) In general Not later than 180 days after the date of enactment of this Act (except as provided in paragraph (4)(C)), the Authority shall make a determination for each State as to whether the laws of such State substantially provide for each of the rights and procedures under subsection (b) and not later than 30 days after the enactment of this Act, the Authority shall establish procedures for the implementation of this section. (2) Consideration of additional opinions In making the determination under paragraph (1), the Authority shall consider the opinions of affected public employees, supervisory employees, labor organizations, and public employers. In the case where the Authority is notified by an affected public employer and labor organization that both parties agree that the law applicable to such employer and labor organization substantially provides for the rights and procedures described in subsection (b), the Authority shall give such agreement weight to the maximum extent practicable in making the Authority's determination under paragraph (1). (3) Limited criteria In making the determination described in paragraph (1), the Authority may only consider the criteria described in subsection (b). (4) Subsequent determinations (A) In general A determination made pursuant to paragraph (1) shall remain in effect unless and until the Authority issues a subsequent determination, in accordance with the procedures set forth in subparagraph (B). (B) Request A public employee, supervisory employee, public employer, or a labor organization may submit to the Authority a written request for a subsequent determination with respect to whether a material change of State law has occurred. (C) Issuance If satisfied that a material change in State law has occurred, the Authority shall issue a subsequent determination described under paragraph (1) not later than 30 days after receipt of such request. (5) Judicial review Any covered person or public employer aggrieved by a determination of the Authority under this paragraph (1) may, during the 60-day period beginning on the date on which the determination was made, petition any United States Court of Appeals in the circuit in 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. In any judicial review of a determination made by the Authority described in paragraph (1), the procedures contained in subsections (c) and (d) of section 7123 of title 5, United States Code, shall be followed. (6) Rule of construction In making the determination described in paragraph (1), the Authority shall, as relevant, consider any requirement imposed by a consent decree entered into by the Department of Justice before, on, or after the date of enactment of this Act as substantially providing for the rights and procedures under subsection (b). (b) Federal minimum standard The collective bargaining rights and procedures under this subsection are as follows: (1) A right of public employees and supervisory employees— (A) to self-organization; (B) to form, join, or assist a labor organization or to refrain from any such activity; (C) to bargain collectively through representatives of their own choosing; and (D) to engage in other concerted activities for the purpose of collective bargaining or other mutual aid (including the filing of joint, class, or collective legal claims) or protection. (2) A requirement for public employers to— (A) recognize the labor organization of its public employees and supervisory employees (freely chosen in an election by a majority of such employees voting in the appropriate unit or chosen by voluntary recognition if that method is permitted under State law) without requiring an election to recertify or decertify a labor organization that is already recognized as the representative of such employees unless not less than 30 percent of such employees in the bargaining unit freely sign a petition to decertify such labor organization— (i) not earlier than the date that is 1 year after the date of the election (or after a voluntary recognition if permitted under State law) of the representative; (ii) not earlier than 1 year after the expiration of a valid collective bargaining agreement; (iii) not during the term of a valid collective bargaining agreement (except as permissible under clause (iv)); or (iv) during the 30-day period beginning on the date that is 90 days before the end of a valid existing contract; (B) collectively bargain with such recognized labor organization; and (C) commit any agreements with such recognized labor organization to writing in a contract or memorandum of understanding. (3) An interest impasse resolution mechanism, such as fact-finding, mediation, arbitration, or comparable procedures that culminate in binding resolution. (4) Payroll deduction of labor organization fees for any duly chosen representative of a public employee or supervisory employee pursuant to the terms of an agreement between the labor organization and such public or supervisory employee, which shall remain in effect until revoked by such employee in accordance with its terms. (5) The prohibition of practices that interfere with, restrain, or coerce public or supervisory employees in the exercise of rights guaranteed in paragraph (1) or regulations issued thereunder. (6) The enforcement of all relevant rights and procedures provided by State law and enumerated in this subsection. (7) The enforcement of all rights and procedures provided by any written contract or memorandum of understanding between a labor organization and a public employer, through— (A) a State agency, if the State so chooses; (B) at the election of an aggrieved party, the State courts, if so permitted under State law; or (C) a grievance resolution procedure culminating in binding arbitration negotiated in such contract or memorandum. (c) Compliance with rights and procedures If the Authority determines under subsection (a)(1) that the laws of a State substantially provide each of the rights and procedures described in subsection (b), then subsection (d) shall not apply and this Act shall not preempt the laws of such State. (d) Failure To substantially provide (1) In general If the Authority determines under subsection (a)(1) that the laws of a State do not substantially provide for each of the rights and procedures described in subsection (b), then such State shall be subject to the rules and activities of the Authority under section 4 beginning on the later of— (A) the date that is 2 years after the date of enactment of this Act; (B) the date that is the last day of the first regular session of the legislature of the State that begins after the date of the enactment of this Act; or (C) in the case of a State receiving a subsequent determination described under subsection (a)(4), the date that is the last day of the first regular session of the legislature of the State that begins after the date the Authority made the determination. (2) Partial failure If the Authority determines under subsection (a)(1) that a State does not substantially provide for each of the rights and procedures described in subsection (b) because the State fails to substantially provide for all of such rights and procedures with respect to any public or supervisory employees, the Authority shall identify— (A) the categories of public or supervisory employees of such State that shall be subject to the rules and activities of the Authority under section 4, pursuant to section 7(b)(4), beginning on the applicable date under paragraph (1); (B) the categories of public employees and supervisory employees of such State that shall not be subject to the rules and activities of the Authority under section 4; (C) the categories of rights and procedures described in subsection (b) for which the State does not substantially provide for certain public employees and supervisory employees; and (D) the categories of rights and procedures described in such subsection for which the State substantially provides for all employees.