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S. 1352: Public Service Freedom to Negotiate Act of 2025

The Public Service Freedom to Negotiate Act of 2025 aims to strengthen the rights of public employees to organize, collaborate, and negotiate collectively with their employers. Here is a summary of its key provisions:

Rights of Public Employees

Self-Organization: The bill guarantees public employees and supervisory employees the right to self-organize and form or join labor organizations.
Collective Bargaining: It establishes the right to negotiate collectively through representatives chosen by the employees, covering wages, hours, and other employment conditions.
Concerted Activities: Employees are allowed to engage in actions for mutual aid or protection, including legal claims.
Recognition of Labor Organizations: Public employers must recognize labor organizations without requiring an election to recertify or decertify unless a significant number of employees petition for such action.

Minimum Standards for Bargaining

The bill sets forth minimum standards for collective bargaining, including:

Requirements for public employers to negotiate in good faith with recognized labor organizations.
Provisions for payroll deductions of labor organization fees.
Mechanisms for resolving impasses, such as mediation or arbitration.
Protection against practices that interfere with employee rights under the Act.

Role of the Federal Labor Relations Authority (FLRA)

The FLRA is responsible for determining if state laws comply with the collective bargaining standards set by the bill.
It will administer the rights and procedures established by the bill and oversee elections to recognize labor organizations.
The FLRA can take enforcement actions against non-compliant employers.

Emergency Services and Public Safety

The legislation prohibits lockouts or strikes that could disrupt emergency or public safety services. This applies specifically to employers and emergency service employees, ensuring that critical services remain uninterrupted during disputes.

Existing Agreements and Units

The Act does not invalidate existing collective bargaining units, agreements, or certifications that were approved before its enactment. This ensures continuity for established labor relationships.

Federal Oversight and State Compliance

States must demonstrate that their laws align with the minimum standards set in the bill. If a state fails to do so, the FLRA can impose its rules and requirements pertaining to collective bargaining for public employees in that state.

Exceptions

There are specific exceptions outlined in the bill which detail when the FLRA cannot determine that a state's laws do not provide adequate bargaining rights. These include cases regarding smaller political subdivisions or those laws that pertain to pension negotiations.

Severability and Funding

The bill includes a severability clause that ensures if any part of it is found invalid, the remaining provisions will continue to operate. Additionally, it authorizes the appropriation of funds necessary to implement the Act.