Definitions

In this Act: (1) Authority The term Authority means the Federal Labor Relations Authority. (2) Confidential employee The term confidential employee, with respect to the application of this Act in a State— (A) has the meaning given such term (or a substantially equivalent term) under any applicable State law of such State on the date of enactment of this Act; or (B) if no such applicable State law is in effect in such State, means an individual, employed by a public safety employer, who— (i) is designated as confidential; and (ii) is an individual who routinely assists, in a confidential capacity, any supervisory employee or management employee. (3) Emergency medical services employee The term emergency medical services employee means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (4) Employ The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (5) Firefighter The term firefighter has the meaning given the term employee in fire protection activities in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (6) Labor organization The term labor organization means an organization of any kind, in which public safety officers participate and which exists for the purpose, in whole or in part, of dealing with a public safety employer concerning grievances, conditions of employment, and related matters. (7) 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). (8) Management employee The term management employee, with respect to the application of this Act in a State— (A) has the meaning given such term (or a substantially equivalent term) under any applicable State law of such State on the date of enactment of this Act; or (B) if no such applicable State law is in effect in such State, means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the public safety employer. (9) Person The term person means an individual or a labor organization. (10) Public safety employer (A) In general The term public safety employer means any State, or political subdivision of a State, that employs a public safety officer. (B) Applicability For purposes of this Act, a public safety employer shall be considered to be engaged in commerce or in an industry or activity affecting commerce. (11) Public safety officer The term public safety officer — (A) means an individual employed by a public safety employer who is a law enforcement officer, a firefighter, or an emergency medical services employee; (B) includes an individual who is temporarily transferred to a supervisory or management position; and (C) except as provided in subparagraph (B), does not include— (i) a supervisory employee; (ii) a management employee; or (iii) a confidential employee. (12) State The term State means each of the several States of the United States, the District of Columbia, and any territory or possession of the United States. (13) Substantially provides The term substantially provides, when used with respect to the rights and responsibilities described in section 4(b), means providing rights and responsibilities that are comparable to or greater than each right and responsibility described in such section. (14) Supervisory employee The term supervisory employee, with respect to the application of this Act in a State— (A) has the meaning given such term (or a substantially equivalent term) under any applicable State law of such State on the date of enactment of this Act; or (B) if no such applicable State law is in effect in such State, an individual, employed by a public safety employer, who— (i) has the authority in the interest of the public safety 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, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public safety officers; (II) adjust the grievances of public safety officers; or (III) effectively recommend any action described in subclause (I) or (II); and (ii) devotes a majority of time at work to exercising such authority. (15) Unfair labor practice The term unfair labor practice means a practice described in section 7116 of title 5, United States Code, except that, in applying such section— (A) public safety officer shall be substituted for employee; (B) public safety employer shall be substituted for agency; and (C) this Act shall be substituted for this chapter.