H.B. 362

1

TRANSPARENCY IN COLLECTIVE BARGAINING PROCESS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel McCay
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to collective bargaining meetings between public
10 employers and public employee labor organizations.
11 Highlighted Provisions:
12 This bill:
13 . requires collective bargaining meetings between public employers and public
14 employee labor organizations to be open to the public;
15 . requires public employers to provide public notice of a collective bargaining
16 meeting;
17 . requires public employers to keep minutes of collective bargaining meetings and to
18 make audio recordings of those meetings; and
19 . requires public employers to make minutes and audio recordings available to the
20 public.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 34-20a-101, Utah Code Annotated 1953

28 34-20a-102, Utah Code Annotated 1953
29 34-20a-201, Utah Code Annotated 1953
30 34-20a-202, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 34-20a-101 is enacted to read:
34 CHAPTER 20a. COLLECTIVE BARGAINING MEETINGS
35 WITH PUBLIC EMPLOYERS
36 Part 1. General Provisions
37 34-20a-101. Title.
38 This chapter is known as "Collective Bargaining Meetings with Public Employers."
39 Section 2. Section 34-20a-102 is enacted to read:
40 34-20a-102. Definitions.
41 As used in this chapter:
42 (1) "Collective bargaining meeting" means a meeting between one or more
43 representatives of a public employer and one or more representatives of a public employee
44 labor organization for the purpose of discussing, negotiating, or making a collective agreement
45 between the public employer and the public employee labor organization.
46 (2) "Public employee" means an employee of a public employer.
47 (3) "Public employer" means:
48 (a) the state or any department, division, agency, or other instrumentality of the state,
49 including an institution of higher education; or
50 (b) a county, city, town, school district, local district, special service district, or other
51 political subdivision of the state.
52 (4) "Public employee labor organization" means an organization of any kind, in which
53 public employees participate, that exists, in whole or in part, for the purpose of dealing with
54 public employers on behalf of public employees about employee concerns relating to
55 employment, including grievances, labor disputes, wages, rates of pay, hours of employment,
56 and conditions of work.
57 Section 3. Section 34-20a-201 is enacted to read:
58 Part 2. Collective Bargaining Meetings

59 34-20a-201. Collective bargaining meetings open to the public -- Notice of
60 meeting.
61 (1) A collective bargaining meeting shall be open to the public.
62 (2) (a) A public employer shall give written public notice of a collective bargaining
63 meeting, as provided in Subsection (2)(b), at least 24 hours in advance.
64 (b) A notice under Subsection (2)(a) shall:
65 (i) state the date, time, and location of the collective bargaining meeting;
66 (ii) state the subject matter to be addressed at the collective bargaining meeting; and
67 (iii) be posted:
68 (A) at the principal office of the public employer;
69 (B) at the location of the collective bargaining meeting; and
70 (C) electronically on the Utah Public Notice Website created under Section 63F-1-701 .
71 Section 4. Section 34-20a-202 is enacted to read:
72 34-20a-202. Minutes and audio recording of collective bargaining meeting.
73 (1) (a) A public employer shall:
74 (i) prepare minutes of a collective bargaining meeting; and
75 (ii) make an audio recording of a collective bargaining meeting.
76 (b) Minutes under Subsection (1)(a)(i) shall include:
77 (i) the date, time, and location of the collective bargaining meeting;
78 (ii) the name of each public employer and public labor organization representative
79 present at the meeting;
80 (iii) the substance of all matters discussed, proposed, or decided at the meeting; and
81 (iv) if applicable, a record of any action taken or decided upon at the meeting.
82 (c) An audio recording under Subsection (1)(a)(ii) shall:
83 (i) be a complete and unedited audio record of all portions of a collective bargaining
84 meeting from its commencement through its adjournment; and
85 (ii) be accurately labeled with the date, time, and location of the meeting.
86 (2) (a) Within 10 business days after a collective bargaining meeting is held, a public
87 employer shall:
88 (i) make minutes of the meeting available to the public; and
89 (ii) post the minutes on the public employer's Internet website, if the public employer

90 has an Internet website.
91 (b) Within three business days after a collective bargaining meeting is held, a public
92 employer shall:
93 (i) make an audio recording of the meeting available to the public; and
94 (ii) post the audio recording on the public employer's Internet website, if the public
95 employer has an Internet website.




Legislative Review Note
as of 2-21-13 10:17 AM

Office of Legislative Research and General Counsel

[Bill Documents]