First Substitute S.B. 56

Representative Melvin R. Brown proposes the following substitute bill:

1 TEACHER ASSOCIATION AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: Merlynn T. Newbold
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions in Chapter 53A, State System of Public Education, related to
10 policies and procedures governing teacher associations.
11 Highlighted Provisions:
12 This bill:
13 . requires school districts and charter schools to allow teacher associations equal
14 access to the following activities at times established by each school:
15 . distribution of information to teachers' physical or electronic mailboxes; and
16 . membership solicitation at new teacher orientation;
17 . prohibits school districts and charter schools from:
18 . establishing or maintaining procedures that favor one teacher association over
19 another; or
20 . explicitly or implicitly endorsing a teacher association;
21 . permits a school district to bargain with a single teacher association based on
22 objective criteria established by district policy;
23 . permits a school district to allow a single teacher association to participate in some
24 or all policy or advisory committees; and
25 . prohibits a negotiated agreement between a school district and an single teacher

26 association to:
27 . provide more favorable terms to members of the teacher association as
28 compared to nonmembers; or
29 . require nonmembers of the teacher association to be represented by the teacher
30 association in negotiations.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 53A-3-426, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53A-3-426 is enacted to read:
41 53A-3-426. Teacher associations -- Equal participation by teacher associations --
42 Prohibition on endorsement or preferential treatment -- Naming of school breaks.
43 (1) As used in this section:
44 (a) "School" means a school district, a school in a school district, a charter school, or
45 the State Board of Education and its employees.
46 (b) "Teacher association" includes teacher associations, teacher unions, and teacher
47 organizations that have the primary objective of negotiating terms and conditions of
48 employment for all members of the bargaining unit designated by the board of education.
49 (2) (a) A school may establish a time within which teacher associations may participate
50 in school activities that include soliciting membership in the teacher association.
51 (b) During the times described in Subsection (2)(a), the school shall allow teacher
52 associations equal access to the following activities:
53 (i) distribution of information in or access to teachers' physical or electronic mailboxes,
54 including email accounts that are provided by the school; and
55 (ii) membership solicitation activities at new teacher orientation training or functions.
56 (3) If a school permits a teacher association to engage in any of the activities described

57 in Subsection (2), the school shall be required to permit all other teacher associations to engage
58 in the activity on the same terms and conditions afforded to the teacher association that has
59 been permitted to engage in the activity.
60 (4) It is unlawful for a school to:
61 (a) establish or maintain structures, procedures, or policies that favor one teacher
62 association over another or otherwise give preferential treatment to a teacher association; or
63 (b) explicitly or implicitly endorse any teacher association.
64 (5) (a) A school district may recognize and bargain with an exclusive bargaining agent
65 of employees within a bargaining unit recognized by school district policy, provided that the
66 policy is based on objective criteria, which may include predominant membership in the
67 bargaining unit.
68 (b) Any agreement reached between the school district and the exclusive bargaining
69 agent may provide for exclusive bargaining agent participation in some or all of the school's
70 policy and advisory committees.
71 (c) A negotiated agreement between the school district and the exclusive bargaining
72 agent:
73 (i) may not provide more favorable terms and conditions of employment for members
74 of the bargaining unit than for individuals who are not members of the bargaining unit; and
75 (ii) may not require individuals who are not members of the bargaining unit to be
76 represented by the bargaining unit.