A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A PUBLIC SAFETY EMPLOYER‑EMPLOYEE COOPERATION ACT AND TO ESTABLISH THE PUBLIC SAFETY EMPLOYEE RELATIONS COMMISSION WITHIN THE NORTH CAROLINA DEPARTMENT OF LABOR.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 95‑98 reads as rewritten:
"§ 95‑98.  Contracts between units of government and labor unions, trade unions or labor organizations concerning public employees declared to be illegal.
Except as provided in Chapter 17F of the General Statutes, any agreement, or contract, between the governing authority of any city, town, county, or other municipality, or between any agency, unit, or instrumentality thereof, or between any agency, instrumentality, or institution of the State of North Carolina, and any labor union, trade union, or labor organization, as bargaining agent for any public employees of such city, town, county or other municipality, or agency or instrumentality of government, is hereby declared to be against the public policy of the State, illegal, unlawful, void and of no effect."
SECTION 2.  G.S. 135‑18.8 reads as rewritten:
"§ 135‑18.8.  Deduction for payments to certain employees' or retirees' associations allowed.
Any beneficiary who is a member of a domiciled employees' or retirees' association that has at least 2,000 members, the majority of whom are active or retired employees of the State or public school employees, may authorize, in writing, the periodic deduction from the beneficiary's retirement benefits a designated lump sum to be paid to the employees' or retirees' association. The authorization shall remain in effect until revoked by the beneficiary. Except for deductions authorized under Chapter 17F of the General Statutes, a plan of deductions pursuant to this section shall become void if the employees' or retirees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit."
SECTION 3.  G.S. 143B‑426.40A(g) reads as rewritten:
"(g)	Payroll Deduction for Payments to Certain Employees' Associations Allowed. – An employee of the State or any of its political subdivisions, institutions, departments, bureaus, agencies or commissions, or any of its local boards of education or community colleges, who is a member of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees, may authorize, in writing, the periodic deduction each payroll period from the employee's salary or wages a designated lump sum to be paid to the employees' association. A political subdivision may also allow periodic deductions for a domiciled employees' association that does not otherwise meet the minimum membership requirements set forth in this paragraph.
An employee of any local board of education who is a member of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, may authorize in writing the periodic deduction each payroll period from the employee's salary or wages a designated lump sum or sums to be paid for dues and voluntary contributions for the employees' association.
An authorization under this subsection shall remain in effect until revoked by the employee. Except for deductions authorized under Chapter 17F of the General Statutes, a plan of payroll deductions pursuant to this subsection for employees of the State and other association members shall become void if the employees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit. This subsection does not apply to county or municipal governments or any local governmental unit, except for local boards of education."
SECTION 4.  The General Statutes are amended by adding a new Chapter to read:
"Chapter 17F.
"Public Safety Employer‑Employee Cooperation Act.
"§ 17F‑1.  Definitions.
The following definitions apply in this Chapter:
(1)	Arbitrator. – An individual appointed to render a decision in a controversy that is subject to an agreement to arbitrate.
(2)	Commission. – The Public Safety Employee Labor Relations Commission established pursuant to G.S. 17F‑2.
(3)	Emergency medical services personnel. – An individual who provides out‑of‑hospital emergency medical care, including an emergency medical technician, paramedic, or first responder.
(4)	Employer or public safety employer. – The State of North Carolina and any city, town, county, or other municipality or political subdivision of the State that employs public safety officers.
(5)	Firefighter. – An individual employed by a fire department who (i) primarily performs work directly related to the control and extinguishment of fires; (ii) is responsible for maintenance and use of firefighting apparatus and equipment, fire prevention and investigation, or communications and dispatch; or (iii) provides emergency medical care.
(6)	Law enforcement officer. – An individual who is actively serving in a position with assigned primary duties and responsibilities for the prevention and detection of crime or the general enforcement of the criminal laws of the State of North Carolina or serving civil processes, and who possesses the power of arrest by virtue of an oath administered under the authority of the State.
(7)	Public safety officer. – An employee of the State, or of a city, town, county, or other municipal entity or agency, who is a firefighter, emergency medical services personnel, or law enforcement officer. The term includes an individual who is temporarily transferred to a supervisory or administrative position but does not include a permanent management or supervisory employee.
(8)	Public safety officer association. – An association or labor organization of public safety officers composed of (i) public safety officers employed by a local fire department; (ii) public safety officers employed by an emergency medical or ambulance service; or (iii) law enforcement officers employed by the State or a local government.
(9)	Supervisory employee. – An individual employed by a public safety employer (i) who has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public safety officers, or to adjust or recommend adjustments for their grievances; (ii) whose exercise of that authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and (iii) who devotes a majority of time at work exercising that authority.
"§ 17F‑2.  Public Safety Employee Relations Commission.
(a)	There is hereby created and established in the North Carolina Department of Labor the Public Safety Employee Relations Commission.
(b)	The Commission shall consist of three commissioners appointed by the Governor, subject to confirmation by the Senate. All appointees shall be representatives of the public who (i) are known for their objective and independent judgment and (ii) for the duration of their appointment to the Commission, are not employed by, and do not hold any commission with, any governmental unit in the State or any employee organization. In no event shall more than one commissioner be a person who, on account of previous vocation, employment, or affiliation, is or has been classified as a representative of employers; and in no event shall more than one commissioner be a person who, on account of previous vocation, employment, or affiliation, is or has been classified as a representative of employees or employee organizations. The commissioners shall devote full time to their duties and shall not engage in any other business, vocation, or employment while serving on the Commission.
(c)	The Governor shall select a chair from among the commissioners to serve until December 31, 2011. Beginning January 1, 2011, the chair shall serve for a term of four years. Each subsequent four‑year term of the office of chair shall commence on January 1 of the second year following each regularly scheduled general election at which a Governor is elected to a full term of office. Nothing in this section shall be construed to prohibit a chair or commissioner from serving multiple terms.
(d)	Initial terms of office for commissioners not appointed as chair shall be staggered. One commissioner shall serve for a term of one year, and one commissioner shall serve for a term of two years. Thereafter, commissioners shall serve for a term of four years.
(e)	Vacancies shall be filled by the appointing authority for the unexpired term of office.
(f)	The salary of the chair and each commissioner shall (i) be the same as that fixed from time to time for commissioners serving on the Industrial Commission, except that the chair shall receive one thousand five hundred dollars ($1,500) additional per annum and (ii) be paid in 12 equal monthly installments. The chair and commissioners shall also be paid for traveling and other necessary expenses incurred in the performance of their official duties and which have been authorized and approved by the Secretary of Labor.
(g)	The Commission shall have the following powers, duties, and responsibilities:
(1)	To adopt rules, in accordance with Chapter 150B of the General Statutes, as are necessary to carry out the provisions of this Chapter.
(2)	To resolve, pursuant to its adopted rules, questions, and controversies concerning claims for recognition as the exclusive bargaining representative of a bargaining unit of public safety officers.
(3)	To determine or approve units appropriate for collective bargaining between public safety officer associations and public safety employers.
(4)	To expeditiously process charges of unfair labor practices and violations of this Chapter filed with the Commission by public safety officers, public safety officer associations, or public safety employers, and to resolve any other questions and controversies this Chapter authorizes the Commission to undertake.
The Commission, in the performance of its powers, duties, and responsibilities under this Chapter, shall not be subject to control, supervision, or direction by the Department of Labor.
(h)	The chair shall be responsible for the administrative functions of the Commission and shall have the authority to employ personnel necessary to carry out the provisions of this Chapter.
(i)	The Department of Labor shall provide office space and administrative support to the Commission as necessary for the Commission to carry out its powers, duties, and responsibilities under this Chapter.
(j)	Subject to prior approval by the chair and the Secretary of Labor, the Commission may make expenditures necessary to carry out its powers, duties, and responsibilities under this Chapter, including expenditures for personal services, law books, books of reference, periodicals, furniture, equipment, supplies, and printing and binding.
(k)	The Commission shall have an official seal for authentication of its orders and proceedings, upon which shall be inscribed the words "State of North Carolina Public Safety Employee Relations Commission Seal". The Commission's seal shall be judicially noticed by the courts of the State.
"§ 17F‑3.  Rights of public safety officers.
Public safety officers shall have all of the following rights:
(1)	To form and join a public safety officer association that does not include management or supervisory employees.
(2)	To be free from reprisal or discrimination in the terms or conditions of their employment for joining or supporting a public safety officer association.
(3)	To be granted an arbitrator, selected by the process set forth in G.S. 17F‑6, to settle disputes involving workplace grievances when a resolution cannot be achieved through the employer's administrative process.
(4)	Upon joining a public safety officer association, to have the membership dues, insurance, and other fees connected with being a member of the association deducted and collected from their salary by the employer.
"§ 17F‑4.  Rights of public safety officer associations.
Public safety officer associations that have demonstrated through petitions, authorization cards, or other reliable methods that they represent more than half of the public safety officers employed in a department, agency, or other appropriate unit of a public safety employer shall have all of the following rights:
(1)	To advocate on behalf of, and represent their members concerning, terms and conditions of employment.
(2)	Upon the request of a member, to have a representative present during questioning of a member by management or a supervisory employee during an investigation that could lead to disciplinary action against the member.
(3)	To meet with officials of a public safety employer to discuss matters affecting the terms and conditions of employment of public safety officers, including matters pertaining to wages and hours of work.
(4)	To have any agreements reached with a public safety employer as a result of discussions reduced to writing in the form of a binding contract.
(5)	Upon the request of a member, and after the member provides written authorization to the employer, to have the membership dues, insurance, and other fees connected with being a member of the public safety officer association deducted and collected from the member's salary by the employer.
"§ 17F‑5.  Rights of public safety employers.
Public safety employers shall have all of the following rights:
(1)	To exercise control and discretion over their organization and operations.
(2)	To determine unilaterally the purpose of each of their constituent agencies, units, instrumentalities, or institutions.
(3)	To set standards for public safety services to be offered to the public.
(4)	To direct their employees, including taking disciplinary action for proper cause, and relieving employees from duty due to lack of work or other legitimate reasons.
A public safety employer's exercise of these rights shall not preclude public safety officers or public safety officer associations from filing grievances about decisions on the above matters if the decisions have the practical consequence of violating (i) the terms and conditions of a signed contract between a public safety officer association and a public safety employer or (ii) a civil service or career service regulation.
"§ 17F‑6.  Enforcement.
(a)	Except as prohibited in subsection (e) of this section, all of the following persons and entities may file a request with the Commission for arbitration of the matter in dispute:
(1)	Any public safety officer who believes his or her rights under this Chapter or a signed contract between a public safety employer and a public safety officer association to which the public safety officer belongs have been violated.
(2)	Any public safety officer association that believes the rights afforded to the association or one of its members under this Chapter or a signed contract between the public safety officer association and a public safety employer have been violated.
(3)	Any public safety employer that believes the rights afforded to the employer under this Chapter or a signed contract between the employer and a public safety officer association have been violated.
(b)	Upon receiving a request for arbitration pursuant to subsection (a) of this section, an arbitrator shall be selected in the following manner:
(1)	The Commission shall select five arbitrators and present the list to both the public safety officer association and the public safety employer.
(2)	The party who made the request for arbitration shall strike one name from the list, and then the other party shall strike a second name from the list. This process shall be repeated until only one arbitrator's name remains on the list.
(3)	The remaining arbitrator shall be selected to hear the case.
(c)	The arbitrator's decision shall be final and binding on both parties, except that upon either party's application, the court shall vacate a decision procured by corruption, fraud, or other undue means.
(d)	The losing party shall pay the costs of the arbitrator.
(e)	This section shall not be used for the purpose of negotiating a contract between a public safety officer association and a public safety employer.
"§ 17F‑7.  Effect of Chapter on other rights.
Nothing in this Chapter shall be deemed to diminish any State or federal statutory, constitutional, or common-law rights or remedies of public safety officers, public safety officer associations, or public safety employers."
SECTION 5.  The Department of Labor shall use funds appropriated for the 2009‑2010 and 2010‑2011 fiscal years to implement this act.
SECTION 6.  This act is effective when it becomes law.