Cooperation between employees and their employers can be compromised in jurisdictions that do not provide public safety employees with the fundamental right to bargain over wages, hours and working conditions. Congress historically has given states and localities wide latitude in establishing the relationship with their public employees. However, the increasing role the public safety community plays in federal homeland security has created a compelling federal interest in ensuring that public safety employees have some basic collective bargaining rights. The Public Safety Employer-Employee Cooperation Act (S. 2123) introduced by Sens. Edward Kennedy (D-Mass.) and Judd Gregg (R-N.H.) recognizes this by granting basic collective bargaining standards that state laws must meet. It sets a basic threshold for workers’ rights including:

1. The right to bargain over wages, hours and working conditions;

2. A dispute resolution mechanism, such as a fact-finding or mediation; and

3. Enforcement of contracts through state courts.

States already providing collective bargaining rights that meet or exceed the basic standards established under the bill would be exempt from its provisions.

Labor-management partnerships strengthened by a collective bargaining relationship enhance public safety. Studies show that there are fewer fatalities among public safety employees in communities that have collective bargaining, and emergency services are delivered more efficiently in these communities.