H.R. 2736 — Public Service Freedom to Negotiate Act of 2025

This section establishes definitions for 14 terms used in the Act, including "public employee" (generally, individuals employed by a state or political subdivision engaged in commerce, excluding supervisory, management, and confidential employees and elected officials), "public employer" (a state, political subdivision, or controlled entity employing at least one individual and engaged in commerce), "collective bargaining" (mirroring the good-faith mutual obligation in NLRA section 8(d) (29 U.S.C. 158(d)) to meet, consult, and execute agreements on wages, hours, and terms and conditions of employment), "supervisory employee" (those exercising independent judgment to hire, discipline, etc., public employees and devoting a majority of work time to such duties), "management employee," and "confidential employee." It also defines "appropriate unit" (groups sharing a community of interest, considering bargaining history and employee desires); "Authority" (i.e., Federal Labor Relations Authority); "labor organization"; "law enforcement officer"; "emergency services employee"; and "substantially provides" (i.e., equivalent or greater rights and procedures); incorporates certain Fair Labor Standards Act definitions (e.g., commerce, State); and permits substantially equivalent state law meanings to apply.

This section directs the Federal Labor Relations Authority (FLRA) to determine, not later than 180 days after enactment (and to establish procedures not later than 30 days after enactment), whether each state's laws substantially provide for specified minimum standards on public employees' and supervisory employees' collective bargaining rights and procedures, considering stakeholder input, party agreements, Department of Justice consent decrees, and only the criteria in subsection (b). Those standards include (1) employees' rights to self-organization, form/join/assist labor organizations (or refrain), bargain collectively, and engage in concerted activities; (2) public employers' requirements to recognize labor organizations (via election or voluntary recognition), bargain collectively, and commit agreements to writing; (3) interest impasse resolution mechanisms (e.g., fact-finding, mediation, arbitration) culminating in binding resolution; (4) payroll deduction of labor organization fees pursuant to agreements; (5) prohibitions on interfering with or coercing employees' exercise of rights; (6) enforcement of relevant state law rights; and (7) enforcement of contracts via state agencies, courts, or binding arbitration. Determinations remain in effect until a subsequent determination is issued not later than 30 days after a request demonstrating a material change in state law; aggrieved covered persons or public employers may petition for judicial review in a U.S. court of appeals within 60 days, following procedures in 5 U.S.C. 7123(c) and (d).

This section directs the Federal Labor Relations Authority (FLRA) to issue rules not later than one year after enactment establishing and administering collective bargaining rights and procedures that provide minimum standards specified in section 3(b) for states described in section 3(d). It requires the FLRA to (1) provide specified rights and procedures; (2) supervise or conduct elections for exclusive representatives of public and supervisory employees in appropriate units; (3) determine appropriate units; (4) conduct hearings and resolve complaints of violations; (5) resolve arbitrator awards exceeding the Act's public policy; and (6) take other necessary actions, including issuing subpoenas. (Nothing in the section supersedes Department of Justice consent decrees.) For enforcement, the section authorizes the FLRA to issue compliance orders and petition U.S. courts of appeals (including the D.C. Circuit) for enforcement and temporary relief, with aggrieved parties able to seek judicial review in such courts during the 60-day period after order issuance, conducted in accordance with 5 U.S.C. 7123(c) and (d). (Thus, review is on the administrative record under the Administrative Procedure Act, with FLRA factual findings conclusive if supported by substantial evidence on the record as a whole and objections not raised before the FLRA generally barred.) It further establishes a private right of action in U.S. district courts against state administrators to enforce the Act, FLRA rules, or FLRA orders—available after 180 days from charge filing with the FLRA (or 180 days after dismissal, whichever is earlier) unless the FLRA has sought enforcement—with notice to the FLRA required and courts authorized to award attorneys' fees.

This section prohibits employers, emergency services employees, and law enforcement officers subject to the rules and activities of the Authority under section 4 from engaging in lockouts, strikes, or other organized job actions likely to measurably disrupt emergency or public safety services. No labor organization may cause or attempt to cause such violations, and the prohibition does not preempt state or local laws on strikes by these employees.

This section preserves existing certifications, recognitions, election results, collective bargaining agreements, or memoranda of understanding for public employees that (1) were issued, approved, or ratified by a public employee relations board or commission, or by a state or political subdivision (or its agent or management official), and (2) are in effect on the day before enactment.

This section specifies exceptions under which the Authority may not determine under section 3(a)(1) that a state's laws fail to substantially provide public employee rights and procedures under section 3(b), including: (1) permitting public or supervisory employees to appear on their own behalf regarding their employment relationship; (2) excluding state militia or national guard employees; (3) not applying to political subdivisions with fewer than 5,000 residents or 25 public employees, if the state notifies the Authority of the exemption prior to the determination; or (4) not requiring bargaining over pension or retirement benefits. This section further provides that the Act does not require states to rescind or preempt local laws that substantially provide such rights; does not require the District of Columbia to rescind specified laws establishing its Public Employee Relations Board or alter its Home Rule Act powers; does not preempt state or local laws that substantially provide such rights (including those requiring legislative approval of collective bargaining agreements or recognizing unions based on employee authorizations); and limits the Authority's enforcement under section 4 to categories of employees not covered by state law.

This section establishes a severability clause, providing that if any provision of the Act or its application to any person or circumstance is held invalid, the remainder of the Act and the application of that provision to other persons or circumstances remain unaffected.