Sec. 8. Exceptions
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Section 4(d), and the regulations and procedures under section 5, shall not apply— solely because a State law permits a public employee to appear on the employee's own behalf with respect to the employee's employment relations with the public employer involved; solely because a State law excludes from its coverage public employees of a State militia or national guard; or to a political subdivision of a State if— such political subdivision has a population of fewer than 5,000 people or employs fewer than 25 public employees; and the State in which such political subdivision is located notifies the Authority of the State’s request that such political subdivision be exempt from such sections.
Nothing in this Act or the regulations promulgated under this Act shall be construed to require a State to rescind or preempt the laws or ordinances of any political subdivision of the State if such laws or ordinances provide rights and responsibilities for public employees that are comparable to or greater than the rights and responsibilities described in section 4(b). Nothing in this Act or the regulations promulgated under this Act shall be construed— to require the District of Columbia to rescind— section 501 of the District of Columbia Government Comprehensive Merit Personnel Act (1–605.01, D.C.
Official Code), establishing the Public Employee Relations Board of the District of Columbia; or section 502 of such Act (1–605.02, D.C. Official Code), establishing the power of the Board; to preempt the laws described in subparagraph (A); or to limit or alter the powers of the government of the District of Columbia pursuant to the District of Columbia Home Rule Act. Nothing in this Act or the regulations promulgated under this Act shall be construed to preempt— the laws or ordinances of any State or political subdivision of a State, if such laws or ordinances provide collective bargaining rights for public employees that are comparable to or greater than the rights enumerated in section 4(b); the laws or ordinances of any State or political subdivision of a State that substantially provide for the rights and responsibilities described in section 4(b) with respect to certain categories of public employees solely because such rights and responsibilities have not been extended to other categories of public employees covered by this Act; the laws or ordinances of any State or political subdivision of a State that substantially provide for the rights and responsibilities described in section 4(b), solely because such laws or ordinances provide that a contract or memorandum of understanding between a public employer and a labor organization must be presented to a legislative body as part of the process for approving such contract or memorandum of understanding; or the laws or ordinances of any State or political subdivision of a State that permit or require a public employer to recognize a labor organization on the basis of signed authorizations executed by employees designating the labor organization as their representative.
In the case of a law described in subsection (d)(2), the Authority shall only exercise the powers provided in section 5 with respect to those categories of public employees for whom the State does not substantially provide the rights and responsibilities described in section 4(b).