Representative Jordan D. Teuscher proposes the following substitute bill:


1     
LABOR UNION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions governing public employers and labor organizations.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires public employee labor organizations to conduct a recertification election
13     every five years;
14          ▸     prohibits a public employer from deducting union dues from a public employee's
15     wages, except in certain circumstances;
16          ▸     prohibits using public money or public property to assist, promote, or deter union
17     organizing or administration;
18          ▸     prohibits a public employer from compensating a public employee for union
19     activity, with certain exceptions;
20          ▸     requires certain labor organizations to provide the number of members in the labor
21     organization to a public employer upon request;
22          ▸     defines terms; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          34-32-1, as last amended by Laws of Utah 2011, Chapter 220
31          34-32-1.1, as last amended by Laws of Utah 2023, Chapter 16
32          34-32-4, as last amended by Laws of Utah 2011, Chapter 297
33     ENACTS:
34          34-20-15, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 34-20-15 is enacted to read:
38          34-20-15. Recertification requirements for public employee labor organizations.
39          (1) As used in this section:
40          (a) "Collective bargaining representative" means a labor organization that engages in
41     collective bargaining on a collective bargaining unit's behalf.
42          (b) "Collective bargaining unit" means a group of public employees represented by a
43     single labor organization for purposes of collective bargaining.
44          (c) (i) "Labor organization" means a lawful organization of any kind that is composed,
45     in whole or in part, of employees, and that exists for the purpose, in whole or in part, of dealing
46     with employers concerning grievances, labor disputes, wages, rates of pay, hours of
47     employment, or other terms and conditions of employment.
48          (ii) "Labor organization" includes each employee association and union for employees
49     of public and private sector employers.
50          (iii) "Labor organization" does not include:
51          (A) an organization governed by the National Labor Relations Act, 29 U.S.C. Sec. 151
52     et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.; or
53          (B) an organization composed solely of public safety employees.
54          (d) "Public employee" means an individual employed by a public employer as defined
55     in Section 34-32-1.1.
56          (e) "Public safety employee" means a public employee who is:
57          (i) a law enforcement officer as defined in Section 53-13-103;
58          (ii) a correctional officer as defined in Section 53-13-104;
59          (iii) a dispatcher as defined in Section 53-6-102; or
60          (iv) a firefighter.
61          (f) "Third party election facilitator" means an entity that, as part of the entity's
62     operations, provides impartial election administration, including ballot preparation, tabulation,
63     and results certification.
64          (2) (a) In 2025 and every fifth calendar year thereafter, a collective bargaining
65     representative shall, at the collective bargaining representative's expense, engage a third party
66     election facilitator to conduct a secret ballot election to certify the collective bargaining
67     representative.
68          (b) The third party election facilitator shall conduct the election no later than December
69     1.
70          (3) (a) If in the election at least 51% of all the employees in the collective bargaining
71     unit vote in favor of certifying the collective bargaining representative, the collective
72     bargaining representative may continue as the collective bargaining unit's collective bargaining
73     representative.
74          (b) If in the election less than 51% of all employees in the collective bargaining unit
75     vote in favor of certifying the collective bargaining representative, the bargaining
76     representative no longer represents the collective bargaining unit and the collective bargaining
77     unit is unrepresented in collective bargaining as of the later of:
78          (i) January 1 immediately following the election; or
79          (ii) if an existing collective bargaining agreement is in place on January 1 immediately
80     following the election, the earlier of:
81          (A) the day on which the collective bargaining agreement expires; or
82          (B) the second January 1 following the election.
83          (4) A collective bargaining unit that votes not to certify a collective bargaining
84     representative as described in Subsection (3)(b) may not be included in a substantially similar
85     collective bargaining unit for 12 months after the day on which the collective bargaining
86     representative's representation stops.
87          (5) Nothing in this section provides public employees a right to collective bargaining.
88          Section 2. Section 34-32-1 is amended to read:
89          34-32-1. Assignments to labor unions -- Effect.
90          (1) As used in this section:
91          [(a) "Employee" means a person employed by any person, partnership, public, private,
92     or municipal corporation, school district, the state, or any political subdivision of the state.]
93          [(b) "Employer" means the person or entity employing an employee.]
94          [(c)] (a) (i) "Labor organization" means a lawful organization of any kind that is
95     composed, in whole or in part, of employees, and that exists for the purpose, in whole or in
96     part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay,
97     hours of employment, or other terms and conditions of employment.
98          (ii) [Except as provided in Subsection (1)(c)(iii), "labor] "Labor organization" includes
99     each employee association and union for employees of public and private sector employers.
100          (iii) "Labor organization" does not include organizations governed by the National
101     Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
102     et seq.
103          (b) "Member" means a public employee who is a member of a labor organization.
104          (c) "Public employee" means the same as that term is defined in Section 34-32-1.1.
105          (d) "Public employer" means the same as that term is defined in Section 34-32-1.1.
106          [(d)] (e) "Union dues" means dues, fees, money, or other assessments required as a
107     condition of membership or participation in a labor organization.
108          [(2) An employee may direct an employer, in writing, to deduct from the employee's
109     wages a specified sum for union dues, not to exceed 3% per month, to be paid to a labor
110     organization designated by the employee.]
111          [(3) An employer shall promptly commence or cease making deductions for union dues
112     from the wages of an employee for the benefit of a labor organization when the employer
113     receives a written communication from the employee directing the employer to commence or
114     cease making deductions.]
115          [(4) An employee's request that an employer cease making deductions may not be
116     conditioned upon a labor organization's:]
117          [(a) receipt of advance notice of the request; or]
118          [(b) prior consent to cessation of the deductions.]
119          (2) (a) Except as provided in Subsection (2)(b), a public employer may not deduct
120     union dues from a public employee's wages.
121          (b) A public employer may deduct union dues from a public employee's wages:
122          (i) as required by federal law or an agreement with the federal government;
123          (ii) pursuant to an agreement on file with the federal government; or
124          (iii) (A) if the public employee affirmatively elects each year to have the public
125     employer deduct the union dues and the total deductions each month do not exceed 3% of the
126     employee's monthly wages; and
127          (B) the labor organization that receives the union dues pays a 1.5% transaction fee for
128     costs associated with the deduction.
129          (c) A public employee may revoke an election under Subsection (2)(b)(iii) at any time,
130     without advance notice to or consent from the labor organization.
131          [(5)] (d) A labor organization is not liable for any claim, service, or benefit that is:
132          [(a)] (i) available only to a member of the labor organization; and
133          [(b)] (ii) terminated as a result of an employee's request that the public employer cease
134     making deductions for union dues.
135          [(6)] (3) (a) [An] A public employee may join a labor organization or terminate
136     membership at any time.
137          (b) A person may not place a restriction on the time that [an] a public employee may
138     join, or terminate membership with, a labor organization.
139          (4) Upon request, a labor organization that is a party to a collective bargaining
140     agreement with a public employer shall report to the public employer or the state auditor:
141          (a) the number of members in the labor organization; and
142          (b) the number of public employees represented in the collective bargaining unit.
143          [(7)] (5) [An] A public employee may not waive a provision of this section.
144          (6) To the extent prohibited by a collective bargaining agreement that is in effect on
145     May 1, 2024, Subsections (2) through (4) do not apply until the public employer and the labor
146     organization enter into a new collective bargaining agreement or renew, extend, or modify the
147     existing collective bargaining agreement.
148          Section 3. Section 34-32-1.1 is amended to read:
149          34-32-1.1. Prohibiting public employers from making payroll deductions for
150     political purposes - Prohibiting use of public money or public property for union activity.
151          (1) As used in this section:
152          (a) (i) "Labor organization" means a lawful organization of any kind that is composed,
153     in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
154     with employers concerning grievances, labor disputes, wages, rates of pay, hours of
155     employment, or other terms and conditions of employment.
156          (ii) Except as provided in Subsection (1)(a)(iii), "labor organization" includes each
157     employee association and union for public employees.
158          (iii) "Labor organization" does not include organizations governed by the National
159     Labor Relations Act, 29 U.S.C. Sec. 151 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151
160     et seq.
161          (b) "Member"means a public employee who is a member of a labor organization.
162          [(b)] (c) "Political purposes" means an act done with the intent or in a way to influence
163     or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
164     against any candidate for public office at any caucus, political convention, primary, or election.
165          [(c) "Public employee" means a person employed by:]
166          [(i) the state of Utah or any administrative subunit of the state;]
167          [(ii) a state institution of higher education; or]
168          [(iii) a municipal corporation, a county, a municipality, a school district, a special
169     district, a special service district, or any other political subdivision of the state.]
170          (d) "Public employee" means an individual employed by a public employer.
171          [(d)] (e) "Public employer" means an employer that is:
172          (i) the state of Utah or any administrative subunit of the state;
173          (ii) a state institution of higher education; or
174          (iii) a municipal corporation, a county, a municipality, a school district, a special
175     district, a special service district, or any other political subdivision of the state.
176          (f) "Public money" means the same as that term is defined in Section 76-1-101.5.
177          (g) (i) "Public property" means real property, personal property, or intellectual property
178     that is owned, held, or managed by a public employer.
179          (ii) "Public property" includes a website, computer program, record, or data that is
180     owned, held, or managed by a public employer.
181          (h) "Representative" means a labor organization representative.
182          (i) "Union activity" means an activity that a labor organization, a member, or a
183     representative performs that relates to:
184          (i) advocating the interests of members in wages, benefits, or terms and conditions of
185     employment;
186          (ii) enforcing the labor organization's internal policies and procedures;
187          (iii) fulfilling the labor organization's obligations;
188          (iv) advancing the labor organization's external relations; or
189          (v) union organizing.
190          [(e)] (j) "Union dues" means dues, fees, assessments, or other money required as a
191     condition of membership or participation in a labor organization.
192          (k) "Union organizing" means communicating with a public employee in an effort to
193     persuade the public employee to join or support a labor organization.
194          (2) A public employer may not deduct from the wages of its employees any amounts to
195     be paid to:
196          (a) a candidate as defined in Section 20A-11-101;
197          (b) a personal campaign committee as defined in Section 20A-11-101;
198          (c) a political action committee as defined in Section 20A-11-101;
199          (d) a political issues committee as defined in Section 20A-11-101;
200          (e) a registered political party as defined in Section 20A-11-101;
201          (f) a political fund as defined in Section 20A-11-1402; or
202          (g) any entity established by a labor organization to solicit, collect, or distribute money
203     primarily for political purposes as defined in this chapter.
204          (3) (a) A public employer may not use public money or public property to:
205          (i) assist or support union organizing or union activity;
206          (ii) compensate a public employee or a third party for union activity; or
207          (iii) provide a public employee paid leave that is in addition to the public employee's
208     regularly accrued leave and provided for the purpose of allowing the public employee to
209     participate in union activity.
210          (b) A labor organization, member, or representative may not use public money or
211     public property for union organizing or union activity.
212          (4) Nothing in Subsection (3) prohibits:
213          (a) a public employer from:
214          (i) spending public money or using public property:
215          (A) for negotiating or administering a collective bargaining agreement on behalf of the
216     public employer;
217          (B) for performing an activity required by federal law or state law; or
218          (C) pursuant to an agreement on file with the federal government; or
219          (ii) compensating a public employee for vacation leave, sick leave, or other leave that
220     the public employee accrues as a benefit of the public employee's employment, provided the
221     employer gives the compensation on the same terms as any other employee; or
222          (b) a labor organization or a representative from accessing public property that is real
223     property in the same manner and to the same extent as other private individuals and entities.
224          (5) Notwithstanding anything to the contrary in Subsection (3), a public employer shall
225     provide to a labor organization, member, or representative the same access to public property
226     that the public employer provides to any other person.
227          [(3)] (6) The attorney general may bring an action to require a public employer to
228     comply with the requirements of this section.
229          (7) To the extent prohibited by a collective bargaining agreement that is in effect on
230     May 1, 2024, Subsections (3) through (5) do not apply until the public employer and the labor
231     organization enter into a new collective bargaining agreement or renew, extend, or modify the
232     existing collective bargaining agreement.
233          Section 4. Section 34-32-4 is amended to read:
234          34-32-4. Exceptions from chapter.
235          (1) The provisions of this chapter do not apply to carriers as that term is defined in the
236     Railway Labor Act passed by the Congress of the United States, June 21, 1934. 48 Stat. 1189,
237     U.S. Code, Title 45, Section 151.
238          (2) Subsection 34-32-1(2) does not apply if the public employee is a public safety
239     employee as defined in Section 34-20-15.
240          [(2)] (3) Nothing in this chapter is intended to, or may be construed to, preempt any
241     requirement of federal law.
242          Section 5. Effective date.
243          This bill takes effect on May 1, 2024.