Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          H.B. 285
Approved for Filing: C.R. Gilbert 6                           rd
                                                                   3 Sub. (Cherry)
          6 02-06-24 1:20 PM 6
                  Representative Jordan D. Teuscher proposes the following substitute bill:
          PUBLIC SECTOR LABOR ORGANIZATIONS AMENDMENTS
                                      2024 GENERAL SESSION
                                          STATE OF UTAH
                              Chief Sponsor: Jordan D. Teuscher
                                 Senate Sponsor: Kirk A. Cullimore
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to public employee labor organizations.
 Highlighted Provisions:
        This bill:
        < prohibits using public money or public property to assist or promote union
 organizing or administration;
        < prohibits a public employer from compensating a public employee for union
 activity, with certain exceptions;
        < requires public employee labor organizations to conduct a recertification election
 every five years;
        < prohibits a public employer from deducting from a public employee's wages union
 dues for a collective bargaining representative, except in certain circumstances;
        < requires a labor organization that engages in collective bargaining to annually      3 rdSub. H.B. 285
 provide certain information to the public employer or state auditor;
        < addresses enforcement of the provisions of this bill;
        < defines terms; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
     *HB0285S03*
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         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
         34-32-1.1, as last amended by Laws of Utah 2023, Chapter 16
         34-32-3, as last amended by Laws of Utah 2018, Chapter 148
 ENACTS:
         34-32-2.5, Utah Code Annotated 1953
35
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 34-32-1.1 is amended to read:
          CHAPTER 32. LABOR ORGANIZATIONS AND PAYROLL DEDUCTIONS
         34-32-1.1. Prohibiting public employers from making payroll deductions for
 political purposes - Prohibiting use of public money or public property for union activity.
         (1) As used in this section:
         (a) (i) "Labor organization" means a lawful organization of any kind that is composed,
 in whole or in part, of employees and that exists for the purpose, in whole or in part, of dealing
 with employers concerning grievances, labor disputes, wages, rates of pay, hours of
 employment, or other terms and conditions of employment.
         (ii) Except as provided in Subsection (1)(a)(iii), "labor organization" includes each
 employee association and union for public employees.
         (iii) "Labor organization" does not include [organizations]:
         (A) an organization governed by the National Labor Relations Act, 29 U.S.C. Sec. 151
 et seq. [or];
         (B) an organization governed by the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.; or
         (C) an organization that has entered into a labor agreement or labor protective
 agreement pursuant to the Urban Mass Transportation Act, 49 U.S.C. Sec. 5333(b).
         (b) "Member"means a public employee who is a member of a labor organization.
         [(b)] (c) "Political purposes" means an act done with the intent or in a way to influence
 or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
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 against any candidate for public office at any caucus, political convention, primary, or election.
         [(c) "Public employee" means a person employed by:]
         [(i) the state of Utah or any administrative subunit of the state;]
         [(ii) a state institution of higher education; or]
         [(iii) a municipal corporation, a county, a municipality, a school district, a special
 district, a special service district, or any other political subdivision of the state.]
         (d) "Public employee" means an individual employed by a public employer.
         [(d)] (e) "Public employer" means an employer that is:
         (i) the state of Utah or any administrative subunit of the state;
         (ii) a state institution of higher education; or
         (iii) a municipal corporation, a county, a municipality, a school district, a special
 district, a special service district, or any other political subdivision of the state.
         (f) "Public money" means the same as that term is defined in Section 76-1-101.5.
         (g) (i) "Public property" means real property, personal property, or intellectual property
 that is owned, held, or managed by a public employer.
         (ii) "Public property" includes a website, computer program, record, or data that is
 owned, held, or managed by a public employer.
         (h) "Representative" means a labor organization representative.
         (i) "Union activity" means an activity that a labor organization, a member, or a
 representative performs that relates to:
         (i) advocating the interests of members in wages, benefits, or terms and conditions of
 employment;
         (ii) enforcing the labor organization's internal policies and procedures;
         (iii) fulfilling the labor organization's obligations;
         (iv) advancing the labor organization's external relations; or
         (v) union organizing.
         [(e)] (j) "Union dues" means dues, fees, assessments, or other money required as a
 condition of membership or participation in a labor organization.
         (k) "Union organizing" means communicating with a public employee in an effort to
 persuade the public employee to join or support a labor organization.
         (2) A public employer may not deduct from the wages of its employees any amounts to
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 be paid to:
         (a) a candidate as defined in Section 20A-11-101;
         (b) a personal campaign committee as defined in Section 20A-11-101;
         (c) a political action committee as defined in Section 20A-11-101;
         (d) a political issues committee as defined in Section 20A-11-101;
         (e) a registered political party as defined in Section 20A-11-101;
         (f) a political fund as defined in Section 20A-11-1402; or
         (g) any entity established by a labor organization to solicit, collect, or distribute money
 primarily for political purposes as defined in this chapter.
         [(3) The attorney general may bring an action to require a public employer to comply
 with the requirements of this section.]
         (3) (a) A public employer may not use public money or public property to:
         (i) assist or support union activity;
         (ii) compensate a public employee or a third party for union activity; or
         (iii) provide a public employee paid leave that is in addition to the public employee's
 regularly accrued leave and provided for the purpose of allowing the public employee to
 participate in union activity.
         (b) A labor organization, member, or representative may not use public money or
 public property for union activity.
         (4) Nothing in Subsection (3) prohibits:
         (a) a public employer from:
         (i) spending public money or using public property:
         (A) for negotiating or administering a collective bargaining agreement on behalf of the
 public employer; or
         (B) for performing an activity required by federal law or state law; or
         (ii) compensating a public employee for vacation leave, sick leave, or other leave that
 the public employee accrues as a benefit of the public employee's employment, provided the
 employer gives the compensation on the same terms as any other employee;
         (b) a labor organization or a representative from accessing public property that is real
 property:
         (i) in the same manner and to the same extent as the public employer allows any other
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 individual or entity; or
        (ii) on a limited case-by-case basis at the public employer's invitation, if the public
 employer determines that allowing the labor organization's or representative's access to the
 public property is in the public employees' best interests; or
        (c) a public employee from engaging in conversation with other individuals in the
 workplace during the public employee's breaks or other time periods during which non-work
 issues are allowed to be discussed.
        (5) To the extent prohibited by a collective bargaining agreement that is in effect on
 May 1, 2024, Subsections (3) and (4) do not apply until the public employer and the labor
 organization enter into a new collective bargaining agreement or renew, extend, or modify the
 existing collective bargaining agreement.
        Section 2. Section 34-32-2.5 is enacted to read:
        34-32-2.5. Public employee collective bargaining organizations -- Recertification
 requirements -- Limitations on payroll deductions -- Information available to public
 employers and state auditor.
        (1) As used in this section:
        (a) "Collective bargaining representative" means a labor organization that engages in
 collective bargaining on a collective bargaining unit's behalf.
        (b) "Collective bargaining unit" means a group of public employees represented by a
 single labor organization for purposes of collective bargaining.
        (c) (i) "Labor organization" means a lawful organization of any kind that is composed,
 in whole or in part, of employees, and that exists for the purpose, in whole or in part, of dealing
 with employers concerning grievances, labor disputes, wages, rates of pay, hours of
 employment, or other terms and conditions of employment.
        (ii) "Labor organization" includes each employee association and union for employees
 of public and private sector employers.
        (iii) "Labor organization" does not include an organization that:
        (A) is governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq.;
        (B) is governed by the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.; or
        (C) has entered into a labor agreement or labor protective agreement pursuant to the
 Urban Mass Transportation Act, 49 U.S.C. Sec. 5333(b).
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         (d) "Public employee" means the same as that term is defined by Section 34-32-1.1.
         (e) "Third party election facilitator" means an entity that, as part of the entity's
 operations, provides impartial election administration, including ballot preparation, tabulation,
 and results certification.
         (f) "Union dues" means dues, fees, money, or other assessments required as a condition
 of membership or participation in a labor organization.
         (2) (a) (i) In 2025 and every fifth calendar year thereafter, a collective bargaining
 representative shall, at the collective bargaining representative's expense, engage a third party
 election facilitator to conduct a secret ballot election to certify the collective bargaining
 representative.
         (ii) The third party election facilitator shall conduct the election no later than
 December 1.
         (b) (i) If in the election at least 51% of all the employees in the collective bargaining
 unit vote in favor of certifying the collective bargaining representative, the collective
 bargaining representative may continue as the collective bargaining unit's collective bargaining
 representative.
         (ii) If in the election less than 51% of all employees in the collective bargaining unit
 vote in favor of certifying the collective bargaining representative, the bargaining
 representative no longer represents the collective bargaining unit and the collective bargaining
 unit is unrepresented in collective bargaining as of the later of:
         (A) January 1 immediately following the election; or
         (B) if an existing collective bargaining agreement is in place on January 1 immediately
 following the election, the earlier of the day on which the collective bargaining agreement
 expires or the second January 1 following the election.
         (c) A collective bargaining unit that votes not to certify a collective bargaining
 representative as described in Subsection (2)(b) may not be included in a substantially similar
 collective bargaining unit for 12 months after the day on which the collective bargaining
 representative's representation stops.
         (3) (a) Notwithstanding Section 34-32-1 and except as provided in Subsection (3)(b), a
 public employer may not deduct union dues from a public employee's wages if the union dues
 are for a collective bargaining representative.
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        (b) A public employer may deduct union dues as described in Subsection (3)(a):
        (i) as required by federal law or an agreement with the federal government;
        (ii) pursuant to an agreement on file with the federal government; or
        (iii) if the public employee affirmatively elects each year to have the public employer
 deduct the union dues and the total deductions each month do not exceed 3% of the employee's
 monthly wages, and the labor organization that receives the union dues pays a 1.5% transaction
 fee for costs associated with the deduction.
        (c) A public employee may revoke an election under Subsection (3)(b)(iii) at any time,
 without advance notice to or consent from the collective bargaining representative.
        (d) A labor organization is not liable for any claim, service, or benefit that is:
        (i) available only to a member of the labor organization; and
        (ii) terminated as a result of a public employee's request that the public employer cease
 making deductions for union dues.
        (4) On January 1 of each year, a collective bargaining representative shall report to the
 public employer or the state auditor:
        (a) the number of members in the labor organization; and
        (b) the number of public employees represented in the collective bargaining unit.
        (5) To the extent prohibited by a collective bargaining agreement that is in effect on
 May 1, 2024, Subsection (3) does not apply until the public employer and the labor
 organization enter into a new collective bargaining agreement or renew, extend, or modify the
 existing collective bargaining agreement.
        (6) Nothing in this section provides public employees a right to collective bargaining.
        (7) A public employee may not waive a provision of this section.
        Section 3. Section 34-32-3 is amended to read:
        34-32-3. Failure to comply -- Penalty--Attorney General to enforce.
        (1) Any employer, dealer or processor who willfully fails to comply with the duties
 imposed by [this chapter] Section 34-32-1 or 34-32-2 is guilty of a class B misdemeanor.
        (2) The attorney general may bring a civil action to require compliance with a
 provision of this chapter.
        Section 4. Effective date.
        This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 34-32-1, 34-32-1.1, 34-32-4
Amended: 34-32-1, 34-32-1.1, 34-32-4
H.B. 285 1st Substitute (Not Adopted) Text: 34-32-1, 34-32-1.1, 34-32-4
H.B. 285 3rd Substitute (Not Adopted) Text: 34-32-1.1, 34-32-3