The Public Service Freedom to Negotiate Act of 2025 establishes federal minimum standards for collective bargaining rights for public service employees, allowing them to negotiate wages, hours, and working conditions.
Mazie Hirono
Senator
HI
The Public Service Freedom to Negotiate Act of 2025 establishes federal minimum standards for collective bargaining rights for public employees and supervisory employees. It requires the Federal Labor Relations Authority to determine if each state's laws substantially provide these rights; if not, the Authority will administer collective bargaining rights in that state. The Act outlines the rights of public employees and employers, including the right to organize, bargain collectively, and engage in concerted activities, and prohibits lockouts and strikes that would disrupt emergency or public safety services. This law does not invalidate existing collective bargaining agreements and certifications and includes exceptions for certain state laws and political subdivisions.
New Bill Proposes Federal Floor for Public Employee Union Rights, FLRA to Oversee State Compliance
This legislation, the Public Service Freedom to Negotiate Act of 2025, sets up a baseline set of collective bargaining rights for most state and local government employees across the country. Think teachers, firefighters, sanitation workers, and many others. The core idea is to ensure these public servants have the right to organize, join unions, and negotiate over things like wages, hours, and working conditions.
Establishing the Minimum Playbook
The bill lays out specific rights it considers fundamental. Under Section 3(b), public employees gain the right to form or join labor organizations (or not), bargain collectively through chosen representatives, and engage in related activities. Crucially, public employers would be required to recognize these unions and negotiate in good faith. Any agreements reached must be put in writing. The law also mandates some kind of process—like mediation or arbitration—to resolve negotiation deadlocks with a binding outcome. It also allows for automatic deduction of union fees from paychecks if an employee agrees.
The Federal Check-Up: Does Your State Measure Up?
A key part of this Act involves the Federal Labor Relations Authority (FLRA). Within 180 days of the law passing, the FLRA has to review each state's existing laws (Sec 3(a)). The big question: do state laws already "substantially provide" the rights listed in this bill? If a state's laws meet or exceed these federal minimums, things stay as they are – federal rules won't override state law (Sec 3(c)). However, if the FLRA determines a state's laws fall short, that state will eventually come under FLRA rules for the specific employee groups whose rights aren't protected (Sec 3(d)). This federal oversight wouldn't kick in immediately, generally allowing states a couple of years or until after their next legislative session to potentially update their own laws.
Limits and Exceptions: Not Everyone, Not Everything
While aiming for broad coverage, the bill includes important limitations. Section 5 specifically prohibits strikes or lockouts by emergency services employees (like EMTs and firefighters) and law enforcement officers if such actions would endanger public safety. This rule applies where the FLRA steps in, but it doesn't override existing state laws on the topic. Furthermore, Section 7 outlines several exceptions. The requirements don't apply to the state militia or National Guard. Small local governments (under 5,000 population or fewer than 25 public employees) can be exempted if the state notifies the FLRA. Also, states aren't required by this federal law to mandate bargaining over pension or retirement benefits. Importantly, Section 6 ensures that any existing union certifications or contracts remain valid.