Sec. 3. Definitions
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/bill/115/hr/4846/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term Authority means the Federal Labor Relations Authority. The term confidential employee has the meaning given such term under applicable State law on the date of enactment of this Act. If no such State law is in effect, the term means an individual, employed by a public safety employer, who— is designated as confidential; and is an individual who routinely assists, in a confidential capacity, supervisory employees and management employees. The term emergency medical services personnel means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder.
The terms employer, public safety agency, and public safety employer mean any State, or political subdivision of a State, that employs public safety officers. The term firefighter has the meaning given the term employee engaged in fire protection activities in section 3(y) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(y) ). The term labor organization means an organization of any kind, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, conditions of employment, and related matters.
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(6) ). The term management employee has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term 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 employer.
The term person means an individual or a labor organization. The term public safety officer — means an employee of a public safety agency who is a law enforcement officer, a firefighter, and/or an emergency medical services personnel; includes an individual who is temporarily transferred to a supervisory or management position; and does not include a permanent supervisory, management, or confidential employee. 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.
The term substantially provides , when used with respect to the rights and responsibilities described in section 4(b), means comparable to or greater than each right and responsibility described in such section. The term supervisory employee has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual, employed by a public safety employer, who— has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public safety officers, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and devotes a majority of time at work to exercising such authority.
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