Sec. 3. Definitions
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/bill/115/hr/6445/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 collective bargaining , with respect to public employees and public employers, means the performance of the mutual obligation of the representative of a public employer and the exclusive representative of public employees in an appropriate unit of the employer to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to wages, hours, and other terms and conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession.
Except as provided in subparagraph (B), the term confidential employee means a public employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations. If the term confidential employee , or a substantially equivalent term, has a substantially equivalent meaning under applicable State law to the meaning under subparagraph
(A)on the date of the enactment of this Act, such term, or substantially equivalent term, and meaning under such applicable State law shall apply with respect to the term confidential employee under this Act for public employees and public employers in such State. The term emergency services employee means— a public employee providing out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder; or a public employee providing other services in response to emergencies that have the potential to cause death or serious bodily injury, including an employee in fire protection activities (as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )). The term employ includes to suffer or permit to work. The term labor organization , with respect to public employers and public employees, means any organization of any kind in which public employees participate and which exists for the purpose, in whole or in part, of dealing with public employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. 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 ). Except as provided in subparagraph (B), the term management employee means an individual employed by a public employer in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the employer. If the term management employee , or a substantially equivalent term, has a substantially equivalent meaning under applicable State law to the meaning under subparagraph
(A)on the date of the enactment of this Act, such term, or substantially equivalent term, and meaning under such applicable State law shall apply with respect to the term management employee under this Act for public employees and public employers in such State. The term person means an individual or a labor organization. The term public employee — means a person, employed by a public employer, who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce (as the terms commerce , goods , and enterprise engaged in commerce or in the production of goods for commerce are defined in section 3 of the Fair Labor Standards Act of 1938); includes an individual who is temporarily transferred to a supervisory or management position; and does not include a permanent supervisory employee, permanent management employee, or permanent confidential employee, or an elected official. The term employer means any of the following that employs public employees: A State or the political subdivision of a State, including a territory or political subdivision of a territory. Any authority, agency, school district, board or other entity controlled and operated by an entity described in subparagraph (A). 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 provide or substantially provides , with respect to the rights and responsibilities described in section 4(b), means providing rights and responsibilities that are comparable to or greater than each of the rights and responsibilities described in such section. Except as provided in subparagraph (B), the term supervisory employee means an individual, employed by a public employer, who— has the authority in the interest of the employer, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, to— hire, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public employees; adjust the grievances of public employees; or effectively recommend any action described in subclause
(I)or (II); and devotes a majority of time at work to exercising the authority under clause (i). If the term supervisory employee , or a substantially equivalent term, has a substantially equivalent meaning under applicable State law to the meaning under subparagraph
(A)on the date of the enactment of this Act, such term, or substantially equivalent term, and meaning under such applicable State law shall apply with respect to the term supervisory employee under this Act for public employees and public employers in such State.
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