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

This section defines 14 terms for purposes of the Act, including "public employer" as a state, political subdivision, or controlled entity employing at least one individual engaged in commerce; "public employee" as an individual employed by a public employer and engaged in commerce (including those temporarily in supervisory or management roles), excluding supervisory, management, confidential employees, and elected officials; "supervisory employee" as one with authority to hire, discipline, or effectively recommend such actions using independent judgment for a majority of work time; "management employee" as one formulating public employer policies; "confidential employee" as one handling confidential labor relations matters for management; "labor organization"; "collective bargaining," mirroring the mutual good-faith obligation under NLRA section 8(d) (29 U.S.C. 158(d)); "appropriate unit"; "law enforcement officer"; and "emergency services employee" (e.g., firefighters, EMTs). The section further incorporates definitions of "commerce," "employ," "enterprise engaged in commerce," and "State" from the Fair Labor Standards Act (29 U.S.C. 203) and permits substantially equivalent state law definitions.

This section directs the Federal Labor Relations Authority (FLRA), not later than 180 days after enactment (except as provided), to determine for each state whether its laws substantially provide for specified minimum standards on collective bargaining rights and procedures for public employees and supervisory employees, and requires FLRA to establish implementation procedures not later than 30 days after enactment. In making initial and subsequent determinations (upon request if a material change in state law has occurred), FLRA must (1) consider opinions of affected parties and give maximum weight to agreements between public employers and labor organizations; (2) limit consideration to the criteria in subsection (b); and (3) treat relevant Department of Justice consent decrees as substantially providing for such standards. The minimum standards include (1) employee rights to self-organization, form/join/assist labor organizations (or refrain), bargain collectively, and engage in concerted activities (e.g., joint legal claims); (2) public employer requirements to recognize labor organizations (via election or voluntary recognition), bargain collectively, and commit agreements to writing; (3) an interest impasse resolution mechanism culminating in binding resolution (e.g., fact-finding, mediation, arbitration); (4) payroll deduction of labor organization fees pursuant to employee agreements; (5) prohibitions on interfering with employee rights; (6) enforcement of relevant state law rights and procedures; and (7) enforcement of collective bargaining agreements via state agency, courts (if permitted), or binding arbitration. This section authorizes any aggrieved covered person or public employer to petition for judicial review of an FLRA determination in the relevant U.S. court of appeals (or D.C. Circuit) during the 60-day period beginning on the date of the determination, applying the procedures in 5 U.S.C. 7123(c) and (d) (i.e., court jurisdiction on the record, substantial evidence standard, limited additional evidence).

This section directs the Federal Labor Relations Authority (FLRA) to issue rules within one year of enactment to establish and administer minimum collective bargaining standards and procedures—described in section 3(b)—for states specified in section 3(d), including supervising elections for exclusive representatives, determining appropriate bargaining units, resolving complaints and arbitrator awards, and issuing subpoenas. It authorizes the FLRA to petition U.S. Courts of Appeals (in the relevant circuit or D.C. Circuit) to enforce its final orders and grant temporary relief; aggrieved covered persons or public employers may seek judicial review in such courts during the 60-day period after issuance of an FLRA order, conducted in accordance with 5 U.S.C. §7123(c) and (d). This section further establishes a private right of action in U.S. district court—unless the FLRA has sought enforcement—allowing any party to sue a state administrator after the 180-day period following a charge filing (or after dismissal), but no later than 180 days after that period expires or after dismissal; courts must be notified of such actions and may award attorneys' fees.

This section prohibits employers, emergency services employees, law enforcement officers subject to the Authority's rules under section 4, and labor organizations from engaging in lockouts, strikes, or other organized job actions likely to measurably disrupt emergency or public safety services. The prohibition does not preempt state or local laws on strikes by such employees.

This section provides that the Act does not invalidate any certification, recognition, result of an election, collective bargaining agreement, or memorandum of understanding in effect on the day before enactment that was 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).

This section establishes exceptions under which the Authority may not determine that a state's laws fail to substantially provide public employee rights and procedures under section 3(b), specifically where state laws (1) permit public or supervisory employees to represent themselves in employment relations; (2) exclude state militia or National Guard employees; (3) exempt political subdivisions with fewer than 5,000 residents or 25 public employees, if the state notifies the Authority prior to the determination; or (4) do not require bargaining over pension or retirement benefits. The section further clarifies that the Act (1) does not require states to rescind or preempt substantially compliant local laws; (2) does not require the District of Columbia to rescind specified provisions of its Government Comprehensive Merit Personnel Act of 1978, preempt those laws, or limit its Home Rule Act authorities; (3) does not authorize the Authority to preempt substantially compliant state or local laws, including those requiring legislative approval of collective bargaining agreements or recognizing unions via employee authorizations; and (4) limits the Authority's enforcement under section 4 to public employee categories not covered by state law.

This section provides a severability clause, stating 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.