PolicyBrief
S. 636
119th CongressFeb 19th 2025
Public Safety Employer-Employee Cooperation Act
IN COMMITTEE

This bill grants collective bargaining rights to public safety officers, allowing them to form and join labor organizations, bargain over working conditions, and utilize binding arbitration, while respecting existing state laws that provide similar or greater protections.

John Hickenlooper
D

John Hickenlooper

Senator

CO

LEGISLATION

Federal Bill Guarantees Collective Bargaining for Public Safety Officers, Sets Minimum Standards Nationwide

The "Public Safety Employer-Employee Cooperation Act" aims to set a national baseline for the collective bargaining rights of cops, firefighters, and EMTs. Basically, it's trying to make sure that the folks who run into burning buildings or deal with crime scenes have a seat at the table when it comes to their pay, hours, and working conditions.

Making the Rules

The bill puts the Federal Labor Relations Authority (FLRA) in charge. Within 180 days of the law passing, the FLRA has to check if each state already gives public safety officers the right to form unions, bargain collectively, and have a say in their employment terms. If a state's laws are up to snuff, nothing changes. But if a state is falling short, the FLRA steps in to create and enforce regulations, giving those states two years to comply (or until the end of their next legislative session, whichever is later).

Real-World Rollout

Imagine a firefighter in a state with weak union protections. Currently, they might have little say in their schedule or safety protocols. Under this law, if their state doesn't meet the federal standards, they'd gain the right to form a union, negotiate for better conditions, and have access to binding arbitration if talks break down. On the flip side, a police officer in a state with strong existing union rights wouldn't see much change, as the law respects existing state-level agreements (SEC. 7).

This is a big deal for states that don't currently allow collective bargaining for public safety workers, or who have weak protections. The FLRA will be setting up the rules of the game, from deciding who's in a bargaining unit to handling unfair labor practice complaints (SEC. 5). They're basically the referee in this whole process.

The law also explicitly prohibits strikes and lockouts (SEC. 6). No walking off the job, no shutting down the firehouse. This is meant to ensure emergency services keep running, even during contract disputes. While this keeps things stable, it also means both sides have to find other ways to make their points during negotiations.

The Fine Print and Potential Challenges

One key point: the law doesn't apply to very small towns (under 5,000 residents or fewer than 25 full-time employees). The bill also lets states keep control over pension, retirement, and health benefits; those are off the table for bargaining in this federal framework (SEC. 4(b)(3)).

While the bill aims for consistency, there's room for legal wrangling. States can challenge the FLRA's decisions in court (SEC. 4(c)). And if a state makes a "material change" to its laws, it can ask the FLRA to re-evaluate its status (SEC. 4(a)(4)) – though what counts as "material" isn't super clear. The bill attempts to balance federal standards with respecting existing state laws. The FLRA is directed to consider opinions from public safety employers and labor organizations, giving maximum weight to agreements between them (SEC. 4(a)(2)).

Ultimately, this bill is about setting a floor, not a ceiling. States can still offer more protections than the federal minimum, but they can't offer less.