Federal Collective Bargaining
The IAFF strongly supports the Public Safety Employer-Employee Cooperation Act and encourages members of Congress to cosponsor the bill:
Public Safety Employer-Employee Cooperation Act of 2023, pending introduction
Sponsors: Representative Pete Stauber (R-MN); Representative Dan Kildee (D-MI)
Background
Fire and EMS departments benefit from productive partnerships between employers and employees. Studies have shown that communities with strong labor-management relations enjoy more effective and efficient delivery of emergency services. Recently, this cooperation enabled employers and workers to confront budgetary constraints, staffing challenges, and shortages of personal protective equipment amid the Coronavirus pandemic.
The best way to promote this cooperation is through an established collective bargaining framework. Legislation providing these rights to fire fighters and EMS personnel has long received strong bipartisan support in Congress due to its key role in establishing better staffed, equipped, and trained fire departments.
Congress has extended collective bargaining laws to private sector employees, transportation workers and federal government employees. One of the few groups of workers not covered by federal law are state and local government employees — including fire and EMS personnel. Ensuring fire and EMS personnel have basic collective bargaining rights is consistent with the increasing role of fire fighters and EMS personnel in protecting our national security and responding to emergencies across state lines.
Local and state governments would still maintain control over their own policies as the legislation would not interfere with right-to-work laws or existing labor agreements. In fact, many states would not need to make any changes.
The Public Safety Employer-Employee Cooperation Act would give fire and EMS personnel basic collective bargaining rights in states that currently do not provide them and protect these rights in states where they exist but could be repealed.
The legislation gives states wide flexibility to develop their own laws based on the following minimum standards:
- The right to form and join a labor organization and to have that organization recognized through a written contract.
- The right to bargain over working conditions, hours, and wages.
- The ability to resolve disputes through an impasse resolution mechanism and to enforce it the agreement.
- The legislation does not permit strikes or lockouts by fire fighters and EMS personnel.
Key Points
The Cooperation Act enjoys broad bipartisan support while protecting states’ rights
- Legislation providing collective bargaining rights for fire fighters and EMS personnel has enjoyed broad, bipartisan support in Congress. The U.S. House of Representatives passed such legislation in 2007 by a vote of 314 to 97 with a majority of each party in favor.
- The bill gives maximum flexibility for states to craft their own laws and enables fire fighters and EMS personnel to sit down and talk with their employers. The Cooperation Act respects the uniqueness of each state’s employment needs by prohibiting fire fighters or EMS personnel from striking, maintaining states’ right-to-work laws, and enabling local jurisdictions to make public safety decisions.
Collective bargaining helps protect public safety
- The federal government has a vested interest in improving local emergency response capabilities by supporting adequate staffing, training, and equipment. Beyond “local” emergencies, preparedness for major interstate emergency incidents, such as natural disasters and terrorist acts, relies on effective local fire and EMS agencies. This readiness is best supported when first responders can work directly with their local government leadership to ensure their needs are met.
- Fire fighters’ ability to talk about their job with employers protects public safety and promotes preparedness. Collective bargaining has produced measurable improvements to staffing, training, equipment, and health and safety throughout the nation’s fire departments. The benefits from this improved coordination are illustrated by the fact that civilian fire fatality rates are, on average, lower in states that provide these basic rights to fire and EMS personnel.
The Cooperation Act is a matter of fairness for public safety
- Fire fighters and emergency medical personnel risk their lives every day to protect the public. They deserve the same rights to discuss workplace issues with their employer that the federal government grants most other workers.
- The United States has a long history of providing collective bargaining rights to workers. The freedom to assemble is established by the first Amendment to the Constitution and is key to our democracy. These rights were further codified over 80 years ago for private sector workers through passage of the National Labor Relations Act. Those working on the frontlines to protect our communities must be treated the same.
The Cooperation Act strengthens public safety retirement and wages
- Due to the dangerous nature of the profession, fire fighters often are forced to retire early, putting an emphasis on smart retirement planning. Studies show that employers and employees who engage in collective bargaining achieve fairer pension contributions and improved retirement security.
- Collective bargaining also strengthens earnings for those still on the job and ensures they receive a fair wage for their work.
- Eight of the top 10 states, in terms of disposable income, recognize public employees’ rights to collectively bargain. Conversely, nine of the bottom 10 states in terms of per capita income do not allow collective bargaining for all public sector workers.