Chief Sponsor: Todd Weiler

House Sponsor: ____________


9     General Description:
10          This bill amends provisions related to collective bargaining by public transit district
11     employees.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     excludes "professional employees" and "supervisors" from the definition of
16     "employee";
17          ▸     provides a method for certification of a labor organization to bargain on behalf of a
18     group of employees;
19          ▸     provides minimum intervals between votes for certification of a labor organization;
20     and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          17B-2a-802, as last amended by Laws of Utah 2016, Chapter 387
29          17B-2a-813, as last amended by Laws of Utah 2013, Chapter 448

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 17B-2a-802 is amended to read:
33          17B-2a-802. Definitions.
34          As used in this part:
35          (1) (a) "Affordable housing" means housing occupied or reserved for occupancy by
36     households that meet certain gross household income requirements based on the area median
37     income for households of the same size.
38          [(a)] (b) "Affordable housing" may include housing occupied or reserved for
39     occupancy by households that meet specific area median income targets or ranges of area
40     median income targets.
41          [(b)] (c) "Affordable housing" does not include housing occupied or reserved for
42     occupancy by households with gross household incomes that are more than 60% of the area
43     median income for households of the same size.
44          (2) "Appointing entity" means the person, county, unincorporated area of a county, or
45     municipality appointing a member to a public transit district board of trustees.
46          (3) (a) "Chief executive officer" means [a person] an individual appointed by the board
47     of trustees to serve as chief executive officer.
48          (b) "Chief executive officer" shall enjoy all the rights, duties, and responsibilities
49     defined in Sections 17B-2a-810 and 17B-2a-811 and includes all rights, duties, and
50     responsibilities assigned to the general manager but prescribed by the board of trustees to be
51     fulfilled by the chief executive officer.
52          (4) "Department" means the Department of Transportation created in Section 72-1-201.
53          (5) (a) Except as provided in Subsection (5)(b), "employee" means an individual
54     employed by a public transit district.
55          (b) "Employee" does not include an independent contractor, a professional employee,
56     or a supervisor.
57          [(5)] (6) (a) "General manager" means [a person] an individual appointed by the board
58     of trustees to serve as general manager.

59          (b) "General manager" shall enjoy all the rights, duties, and responsibilities defined in
60     Sections 17B-2a-810 and 17B-2a-811 prescribed by the board of trustees.
61          [(6)] (7) (a) "Locally elected public official" means [a person] an individual who holds
62     an elected position with a county or municipality.
63          (b) "Locally elected public official" does not include [a person] an individual who
64     holds an elected position if the elected position is not with a county or municipality.
65          [(7)] (8) "Metropolitan planning organization" means the same as that term is defined
66     in Section 72-1-208.5.
67          [(8)] (9) "Multicounty district" means a public transit district located in more than one
68     county.
69          [(9)] (10) "Operator" means a public entity or other person engaged in the
70     transportation of passengers for hire.
71          (11) "Professional employee" means the same as that term is defined in 29 U.S.C.
72     Sec.152.
73          [(10)] (12) "Public transit" means the transportation of passengers only and their
74     incidental baggage by means other than:
75          (a) chartered bus;
76          (b) sightseeing bus; or
77          (c) taxi.
78          (13) "Supervisor" means the same as that term is defined in 29 U.S.C. Sec.152.
79          [(11)] (14) "Transit facility" means a transit vehicle, transit station, depot, passenger
80     loading or unloading zone, parking lot, or other facility:
81          (a) leased by or operated by or on behalf of a public transit district; and
82          (b) related to the public transit services provided by the district, including:
83          (i) railway or other right-of-way;
84          (ii) railway line; and
85          (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by
86     a transit vehicle.
87          [(12)] (15) "Transit-oriented development" means a mixed use residential or
88     commercial area that is designed to maximize access to public transit and includes the
89     development of land owned by a public transit district that serves a county of the first class.

90          [(13)] (16) "Transit-supportive development" means a mixed use residential or
91     commercial area that is designed to maximize access to public transit and does not include the
92     development of land owned by a public transit district.
93          [(14)] (17) "Transit vehicle" means a passenger bus, coach, railcar, van, or other
94     vehicle operated as public transportation by a public transit district.
95          Section 2. Section 17B-2a-813 is amended to read:
96          17B-2a-813. Rights, benefits, and protective conditions for employees of a public
97     transit district -- Strike prohibited -- Employees of an acquired transit system.
98          (1) The rights, benefits, and other employee protective conditions and remedies of
99     Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), as
100     determined by the Secretary of Labor, apply to a public transit district's establishment and
101     operation of a public transit service or system.
102          (2) (a) Employees of a public transit system established and operated by a public transit
103     district have the right to:
104          (i) self-organization;
105          (ii) form, join, or assist labor organizations; [and]
106          (iii) bargain collectively through representatives of their own choosing[.]; or
107          (iv) refrain from any or all of the above.
108          (b) Employees of a public transit district and labor organizations may not join in a
109     strike against the public transit system operated by the public transit district.
110          (c) Each public transit district shall:
111          (i) recognize and bargain exclusively with any labor organization [representing]
112     authorized to represent a majority of the district's employees in an appropriate unit with respect
113     to wages, salaries, hours, working conditions, and welfare, pension, and retirement provisions;
114     and
115          (ii) upon reaching agreement with the labor organization as described in Subsection
116     (2)(c)(i), enter into and execute a written contract incorporating the agreement.
117          (3) For recognition and bargaining authority as described in Subsection (2)(c), a public
118     transit district shall recognize a labor organization acting on behalf of a bargaining unit if the
119     labor organization:
120          (a) presents a petition to the public transit district in which 30% of employees in the

121     bargaining unit allege their desire to be represented by a labor organization; and
122          (b) obtains a majority vote in favor of having the labor organization act as the
123     bargaining unit representative in a secret ballot election among the employees in the bargaining
124     unit.
125          (4) Subsection (3) shall not apply to labor organizations with collective bargaining
126     agreements in effect before January 1, 2017.
127          (5) (a) The election described in Subsection (3)(b) shall be overseen by:
128          (i) a third party selected by agreement between the labor organization and the public
129     transit district; or
130          (ii) in the absence of an agreement, by the Utah Labor Commission.
131          (b) Elections held pursuant to Subsection (3)(b) may be conducted at the intervals
132     prescribed in 29 U.S.C. Sec. 159(c)(3).
133          [(3)] (6) If a public transit district acquires an existing public transit system:
134          (a) all employees of the acquired system who are necessary for the operation of the
135     acquired system, except executive and administrative officers and employees, shall be:
136          (i) transferred to and appointed employees of the acquiring public transit district; and
137          (ii) given sick leave, seniority, vacation, and pension or retirement credits in
138     accordance with the acquired system's records;
139          (b) members and beneficiaries of a pension or retirement plan or other program of
140     benefits that the acquired system has established shall continue to have rights, privileges,
141     benefits, obligations, and status with respect to that established plan or program; and
142          (c) the public transit district may establish, amend, or modify, by agreement with
143     employees or their authorized representatives, the terms, conditions, and provisions of a
144     pension or retirement plan or of an amendment or modification of a pension or retirement plan.
145          [(4)] (7) A pension administrator for a retirement plan sponsored by a public transit
146     district or a person designated by the administrator shall maintain retirement records in
147     accordance with Subsection 49-11-618(2).

Legislative Review Note
Office of Legislative Research and General Counsel