H.B. 475

1

LABOR ORGANIZATION AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Labor in General title by amending provisions related to
10 employee payroll deductions for labor organizations and provisions related to collective
11 bargaining on behalf of public employees.
12 Highlighted Provisions:
13 This bill:
14 . requires that only an employee can submit a written request to an employer to have
15 payroll deductions made to pay union dues;
16 . provides for the prompt commencement and ceasing of deductions upon request;
17 . prohibits an employee who requests to have payroll deductions made to pay union
18 dues from being required to continue the payments for any set period or total
19 amount;
20 . provides that a labor organization is not liable to an employee for terminating those
21 services or benefits that are only available to members of the labor organization if
22 the employee requests that the employer cease making deductions for union dues
23 benefitting the labor organization; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 34-32-1, as last amended by Laws of Utah 2004, Chapter 220
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 34-32-1 is amended to read:
35 34-32-1. Assignments to labor unions -- Restrictions -- Effect.
36 (1) As used in this section:
37 (a) "Employee" means a person employed by any person, partnership, public, private,
38 or municipal corporation, school district, the state, or any political subdivision of the state.
39 (b) "Employer" means the person or entity employing an employee.
40 (c) (i) "Labor organization" means a lawful organization of any kind that is composed,
41 in whole or in part, of employees, and that exists for the purpose, in whole or in part, of dealing
42 with employers concerning grievances, labor disputes, wages, rates of pay, hours of
43 employment, or other terms and conditions of employment.
44 (ii) Except as provided in Subsection (1)(c)(iii), "labor organization" includes each
45 employee association and union for employees of public and private sector employers.
46 (iii) "Labor organization" does not include organizations governed by the National
47 Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
48 et seq.
49 (d) "Union dues" means dues, fees, monies, or other assessments required as a
50 condition of membership or participation in a labor organization.
51 (2) (a) An employee may direct an employer, in writing, [that an employer] to deduct
52 from the employee's wages a specified sum for union dues[, not to exceed 3% per month,] to be
53 paid to a labor organization designated by the employee[.] if:
54 (i) the amount deducted for union dues per month does not exceed 3% of the
55 employee's monthly wages;
56 (ii) the employer promptly begins making deductions for union dues from the wages of
57 the employee for the benefit of a labor organization when the employer receives a written
58 communication from the employee directing that deductions begin; and

59 (iii) the employee is not under any agreement, contract, or obligation to continue
60 payments or contributions to the labor organization:
61 (A) for any set period in excess of one month; or
62 (B) in a total amount exceeding the monthly limit specified under Subsection (2)(a)(i).
63 (b) (i) An employer shall promptly cease making deductions for union dues from the
64 wages of an employee for the benefit of a labor organization when the employer receives a
65 written communication from the employee directing that the deductions cease.
66 (ii) An employee's request that the employer cease making deductions shall not be
67 conditioned upon the labor organization's:
68 (A) receipt of advance notice of the request; or
69 (B) prior consent to cessation of the deductions.
70 (3) A labor organization is not liable for any claim for services or benefits that are
71 available only to members of the labor organization and that are terminated as a result of an
72 employee's request that the employer cease making deductions for union dues for the benefit of
73 the labor organization.




Legislative Review Note
as of 2-5-08 12:03 PM

Office of Legislative Research and General Counsel