Determination of rights and responsibilities

(a) Determination (1) In general Not later than 180 days after the date of enactment of this Act (except as provided in paragraph (4)(B)), the Authority shall make a determination for each State as to whether a State substantially provides for each of the rights and responsibilities described in subsection (b). (2) Consideration of additional opinions In making the determination described in paragraph (1), the Authority shall consider the opinions of affected public safety employers and labor organizations. In the case where the Authority is notified by an affected public safety employer and labor organization that both parties agree that the law applicable to such public safety employer and labor organization substantially provides for the rights and responsibilities 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 shall be limited to the application of 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) Procedures for subsequent determinations A public safety 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 (or an interpretation of such law) has occurred. (C) Issuance of subsequent determination If satisfied that a material change in State law or its interpretation has occurred, the Authority shall issue a subsequent determination under paragraph (1) not later than 30 days after receipt of such request. (5) Exception The Authority shall not make a determination under paragraph (1) that the laws of a State do not substantially provide for each of the rights and responsibilities described in subsection (b) on the basis that relevant State laws— (A) permit an employee to appear on the employee’s own behalf with respect to the employee’s employment relations with the public safety employer involved; (B) do not apply to a political subdivision of the State if such political subdivision— (i) has a population of fewer than 5,000 individuals; or (ii) employs fewer than 25 full-time employees (excluding any individual elected by popular vote or appointed to serve on a board or commission); or (C) do not require bargaining with respect to pension, retirement, or health benefits. (6) Judicial review Any person or public safety employer aggrieved by a determination of the Authority under 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 person or public safety employer resides or transacts business or in the Court of Appeals for the District of Columbia Circuit, for judicial review. (b) Rights and responsibilities The rights and responsibilities described under this subsection are the following: (1) A right of public safety officers to form and join a labor organization— (A) which may exclude any management employee, supervisory employee, or confidential employee, and (B) that is, or seeks to be, recognized as the exclusive bargaining representative of such public safety officers. (2) A requirement that any public safety employer— (A) recognize the labor organization of its public safety officers (freely chosen by a majority of the public safety officers); (B) agree to bargain with such labor organization; and (C) commit any agreements with such labor organization to writing in a contract or memorandum of understanding. (3) A right of public safety officers to bargain with respect to hours, wages, and terms and conditions of employment. (4) A right to binding interest arbitration as a mechanism to resolve an impasse in collective bargaining negotiations. (5) A right to enforcement of all rights, responsibilities, and protections enumerated in this subsection, and of any written contract or memorandum of understanding between a labor organization and a public safety employer, through— (A) a State administrative agency, if the State so chooses; or (B) any court of competent jurisdiction. (c) Compliance with requirements If the Authority determines under subsection (a)(1) that a State substantially provides each of the rights and responsibilities described in subsection (b), then subsection (d) shall not apply and this Act shall not preempt the laws of such State. (d) Failure To meet requirements (1) In general If the Authority determines under subsection (a)(1) that a State does not substantially provide for the rights and responsibilities described in subsection (b), then such State shall be subject to the regulations and procedures described in section 5 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 the Authority makes a determination under subsection (a)(1); or (C) in the case of a State receiving a subsequent determination 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 the rights and responsibilities described in subsection (b) because the State law substantially provides for such rights and responsibilities for certain categories of public safety officers covered by this Act but not others, the Authority shall identify those categories of public safety officers that shall be subject to the regulations and procedures described in section 5, pursuant to section 8(b)(3) and beginning on the appropriate date described in paragraph (1), and those categories of public safety officers that shall remain solely subject to State law with respect to the rights and responsibilities described in subsection (b).