H.B. 177

1

RIGHT TO WORK LAWS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen D. Clark
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Right to Work Law.
10 Highlighted Provisions:
11 This bill:
12 . makes illegal and against public policy certain agreements, understandings, or
13 practices that require an employer to pay monies for benefits that a nonunion
14 employee waives; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 34-34-10, as enacted by Chapter 85, Laws of Utah 1969
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 34-34-10 is amended to read:
26 34-34-10. Employer not to require payment of dues, fees, or other charges to
27 union -- Employer not required to pay certain monies.

28 [No] (1) An employer [shall] may not require any person to pay any dues, fees, or other
29 charges of any kind:
30 (a) to:
31 (i) any labor union[,];
32 (ii) any labor organization; or
33 (iii) any other type of association; and
34 (b) as a condition of:
35 (i) employment; or
36 (ii) continuation of employment.
37 (2) (a) Subsection (2)(b) applies to an express or implied agreement, understanding, or
38 practice executed or renewed on or after May 1, 2006:
39 (i) between an employer and:
40 (A) a labor union;
41 (B) a labor organization; or
42 (C) any other type of association; and
43 (ii) under which the employer is required to pay monies:
44 (A) to:
45 (I) the union, organization, or association described in Subsection (2)(a)(i); or
46 (II) any fund, plan, or program required by the agreement, understanding, or practice;
47 (B) for a benefit that would be provided to an employee during or after employment;
48 (C) on behalf of or for the benefit of an employee of the employer who:
49 (I) is not a member of the union, organization, or association described in Subsection
50 (2)(a)(i); and
51 (II) provides a written waiver of any rights to the benefits described in Subsection
52 (2)(a)(ii)(B) to:
53 (Aa) the employer; and
54 (Bb) the union, organization, or association described in Subsection (2)(a)(i); and
55 (iii) that are not otherwise required to be paid by state or federal law.
56 (b) An agreement, understanding, or practice described in Subsection (2)(a) is:
57 (i) designed to cause or require, or has the effect of causing or requiring an employer to
58 condition the employment or continuation of employment on an employee supporting a labor

59 union, labor organization, or other type of association; and
60 (ii) is an illegal agreement, understanding, or practice that is contrary to public policy.
61 (c) An employer may not make providing the waiver described in Subsection
62 (2)(a)(ii)(C) a condition of employment or continuation of employment of an employee.




Legislative Review Note
as of 1-31-06 2:33 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel