UT
Utah Senate Bill SB0168

Utah 2025 Regular Session

Utah Senate Bill SB0168 Compare Versions

Only one version of the bill is available at this time.
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11 01-24 14:55 S.B. 168
22 1
33 Public Employee Negotiation Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: David P. Hinkins
77 House Sponsor:
88 2
99
1010 3
1111 LONG TITLE
1212 4
1313 General Description:
1414 5
1515 This bill addresses collective bargaining for public employees.
1616 6
1717 Highlighted Provisions:
1818 7
1919 This bill:
2020 8
2121 ▸ defines terms;
2222 9
2323 ▸ establishes the Labor Relations Board (board);
2424 10
2525 ▸ describes the composition and duties of the board;
2626 11
2727 ▸ describes the entities the board may employ;
2828 12
2929 ▸ establishes the board's rulemaking authority;
3030 13
3131 ▸ authorizes the board to subpoena witnesses and administer oaths;
3232 14
3333 ▸ establishes who may serve as counsel for public employers and the board;
3434 15
3535 ▸ creates protections for public employees regarding self-organization;
3636 16
3737 ▸ allows a public employer to deduct an employee's dues for a collective bargaining unit
3838 17
3939 from an employee's pay;
4040 18
4141 ▸ requires that labor organizations represent employees without discriminations;
4242 19
4343 ▸ requires that the board investigate a petition on a representation question under certain
4444 20
4545 circumstances;
4646 21
4747 ▸ establishes criteria and the function of a representation election at the direction of the
4848 22
4949 board;
5050 23
5151 ▸ establishes who may represent a public employer in collective bargaining;
5252 24
5353 ▸ establishes management rights of a public employer;
5454 25
5555 ▸ establishes a duty to bargain collectively for both the public employer and an exclusive
5656 26
5757 representative;
5858 27
5959 ▸ describes what a collective bargaining agreement shall contain;
6060 28
6161 ▸ permits and describes the mediation of disputes relating to collective bargaining;
6262 29
6363 ▸ describes how to initiate fact finding relating to a dispute regarding collective bargaining;
6464 30
6565 ▸ establishes fact finding proceedings in a dispute related to collective bargaining;
6666 S.B. 168 S.B. 168 01-24 14:55
6767 31
6868 ▸ allows arbitration for a dispute resulting from collective bargaining;
6969 32
7070 ▸ requires the board to establish an education course for fact finders and arbitrators;
7171 33
7272 ▸ describes an unfair labor practice of a public employer;
7373 34
7474 ▸ establishes the process by which an unfair labor practice is investigated and resolved;
7575 35
7676 ▸ establishes a hearing process for an unfair labor practice complaint hearing;
7777 36
7878 ▸ describes the process of the court enforcement and review of a board order;
7979 37
8080 ▸ prohibits police officers from engaging in strikes;
8181 38
8282 ▸ establishes criteria for mediation of a dispute under certain circumstances; and
8383 39
8484 ▸ establishes the criteria for arbitration under certain circumstances.
8585 40
8686 Money Appropriated in this Bill:
8787 41
8888 None
8989 42
9090 Other Special Clauses:
9191 43
9292 None
9393 44
9494 Utah Code Sections Affected:
9595 45
9696 ENACTS:
9797 46
9898 34-20-15, Utah Code Annotated 1953
9999 47
100100 34-20-16, Utah Code Annotated 1953
101101 48
102102 34-20b-101, Utah Code Annotated 1953
103103 49
104104 34-20b-102, Utah Code Annotated 1953
105105 50
106106 34-20b-103, Utah Code Annotated 1953
107107 51
108108 34-20b-104, Utah Code Annotated 1953
109109 52
110110 34-20b-105, Utah Code Annotated 1953
111111 53
112112 34-20b-106, Utah Code Annotated 1953
113113 54
114114 34-20b-107, Utah Code Annotated 1953
115115 55
116116 34-20b-108, Utah Code Annotated 1953
117117 56
118118 34-20b-109, Utah Code Annotated 1953
119119 57
120120 34-20b-110, Utah Code Annotated 1953
121121 58
122122 34-20b-111, Utah Code Annotated 1953
123123 59
124124 34-20b-112, Utah Code Annotated 1953
125125 60
126126 34-20b-113, Utah Code Annotated 1953
127127 61
128128 34-20b-114, Utah Code Annotated 1953
129129 62
130130 34-20b-115, Utah Code Annotated 1953
131131 63
132132 34-20b-116, Utah Code Annotated 1953
133133 64
134134 34-20b-117, Utah Code Annotated 1953
135135 - 2 - 01-24 14:55 S.B. 168
136136 65
137137 34-20b-118, Utah Code Annotated 1953
138138 66
139139 34-20b-119, Utah Code Annotated 1953
140140 67
141141 34-20b-120, Utah Code Annotated 1953
142142 68
143143 34-20b-121, Utah Code Annotated 1953
144144 69
145145 34-20b-122, Utah Code Annotated 1953
146146 70
147147 34-20b-123, Utah Code Annotated 1953
148148 71
149149 34-20b-124, Utah Code Annotated 1953
150150 72
151151 34-20b-125, Utah Code Annotated 1953
152152 73
153153 34-20b-126, Utah Code Annotated 1953
154154 74
155155
156156 75
157157 Be it enacted by the Legislature of the state of Utah:
158158 76
159159 Section 1. Section 34-20-15 is enacted to read:
160160 77
161161 34-20-15 . Labor Relations Board.
162162 78
163163 (1)(a) There is created the Labor Relations Board consisting of the following members:
164164 79
165165 (i) the commissioner of the Labor Commission; and
166166 80
167167 (ii) subject to Subsection (1)(b), four members appointed by the governor with the
168168 81
169169 advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2,
170170 82
171171 Vacancies.
172172 83
173173 (b) The governor's appointees shall include:
174174 84
175175 (i) two representatives of employers who the governor shall select from a list of
176176 85
177177 nominations by organizations that advocate for employers; and
178178 86
179179 (ii) two representatives of employees who the governor shall select from a list of
180180 87
181181 nominations by labor organizations.
182182 88
183183 (c) The governor may remove, at any time, a member appointed under Subsection (1)(b)
184184 89
185185 for:
186186 90
187187 (i) inefficiency;
188188 91
189189 (ii) neglect of duty; or
190190 92
191191 (iii) malfeasance or malfeasance in office.
192192 93
193193 (d)(i) The governor and the Senate shall fill a vacancy in a position appointed under
194194 94
195195 Subsection (1)(b) in the same manner as the member creating the vacancy was
196196 95
197197 appointed.
198198 96
199199 (ii) The individual appointed to fill the vacant position shall serve the unexpired term.
200200 97
201201 (2)(a) Except as provided in Subsection (2)(b), the governor shall appoint each new
202202 98
203203 member or reappointed member for a four-year term.
204204 - 3 - S.B. 168 01-24 14:55
205205 99
206206 (b) The governor shall adjust, at the time of appointment or reappointment, the length of
207207 100
208208 terms to ensure that the terms of appointed members are staggered so that the
209209 101
210210 governor appoints or reappoints one member from Subsections (1)(b)(i) and (1)(b)(ii)
211211 102
212212 every two years.
213213 103
214214 (3) The commissioner of the Labor Commission shall serve as chair of the Labor Relations
215215 104
216216 Board.
217217 105
218218 (4) A member of the board appointed under Subsection (1)(b) may not hold an elected
219219 106
220220 office in the government of the United States, this state or any other state, or of any
221221 107
222222 county government or municipal corporation within a state.
223223 108
224224 (5) A member appointed under Subsection (1)(b) may not receive compensation or benefits
225225 109
226226 for the member's service, but may receive per diem and travel expenses in accordance
227227 110
228228 with:
229229 111
230230 (a) Section 63A-3-106;
231231 112
232232 (b) Section 63A-3-107; and
233233 113
234234 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
235235 114
236236 63A-3-107.
237237 115
238238 (6) A meeting of the Labor Relations Board may be called:
239239 116
240240 (a) by the chair; or
241241 117
242242 (b) unanimously by the members appointed under Subsection (1)(b).
243243 118
244244 (7) The chair may provide staff and administrative support as necessary from the Labor
245245 119
246246 Commission.
247247 120
248248 (8) A vacancy on the Labor Relations Board does not impair the right of the remaining
249249 121
250250 members to exercise all the powers of the Labor Relations Board.
251251 122
252252 (9) Two members of the Labor Relations Board constitutes a quorum.
253253 123
254254 (10) A member of the Labor Relations Board shall comply with the conflict of interest
255255 124
256256 provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
257257 125
258258 Section 2. Section 34-20-16 is enacted to read:
259259 126
260260 34-20-16 . Labor Relations Board -- Employees -- Agencies -- Expenses.
261261 127
262262 (1) As used in this section, "board" means the Labor Relations Board established in Section
263263 128
264264 34-20-15.
265265 129
266266 (2) The board may employ an executive secretary, attorneys, examiners, and other
267267 130
268268 employees the board deems necessary for the proper performance of the board's duties.
269269 131
270270 (3) As needed to carry out the board's duties, the board may:
271271 132
272272 (a) establish or utilize regional, local, or other agencies; and
273273 - 4 - 01-24 14:55 S.B. 168
274274 133
275275 (b) use voluntary and uncompensated services.
276276 134
277277 (4) At the direction of the board, an attorney employed under this section may appear for
278278 135
279279 and represent the board in any case in court.
280280 136
281281 (5) Nothing in this act authorizes the board to employ individuals for the purpose of
282282 137
283283 conciliation or mediation if the board may obtain substantially similar service from the
284284 138
285285 Labor Commission.
286286 139
287287 (6) The board shall pay the expenses, including necessary travel expenses, incurred by the
288288 140
289289 members of the board or employees of the board upon presentation of itemized receipts
290290 141
291291 approved by the board.
292292 142
293293 Section 3. Section 34-20b-101 is enacted to read:
294294 143
295295
296296 CHAPTER 20b. UTAH PUBLIC EMPLOYEES NEGOTIATIONS ACT
297297 144
298298 34-20b-101 . Definitions.
299299 145
300300 As used in this chapter:
301301 146
302302 (1) "Appropriate unit" means a group of public employees banded together for collective
303303 147
304304 bargaining purposes as designated by the board.
305305 148
306306 (2) "Board" means the Labor Relations Board established in Section 34-20-15.
307307 149
308308 (3) "Confidential employee" means an individual:
309309 150
310310 (a) who the board finds is a confidential labor relations employee; and
311311 151
312312 (b) who is employed in government service and acts with discretionary authority in the
313313 152
314314 creation or revision of state classification specifications.
315315 153
316316 (4) "Exclusive representative" means the labor organization that:
317317 154
318318 (a) the board designates as the representative of public employees in an appropriate unit;
319319 155
320320 or
321321 156
322322 (b) the public employer formally recognizes.
323323 157
324324 (5) "Labor dispute" means a controversy, between an employer and the majority of the
325325 158
326326 employer's employees in an appropriate unit, concerning:
327327 159
328328 (a) the right, process, or details of collective bargaining; or
329329 160
330330 (b) the designation of a representative.
331331 161
332332 (6) "Labor organization" means an organization, agency, or employee representation
333333 162
334334 committee or plan:
335335 163
336336 (a) in which a public employee participates; and
337337 164
338338 (b) that exists for the purpose, in whole or in part, of dealing with an employer
339339 165
340340 concerning:
341341 166
342342 (i) grievances;
343343 - 5 - S.B. 168 01-24 14:55
344344 167
345345 (ii) labor disputes;
346346 168
347347 (iii) rates of pay;
348348 169
349349 (iv) hours of employment; or
350350 170
351351 (v) conditions of work.
352352 171
353353 (7) "Management official" means a representative of management with authority to act for a
354354 172
355355 state agency on any matters relating to the implementation of agency policy.
356356 173
357357 (8)(a) "Public employee" means:
358358 174
359359 (i) an individual currently employed by a public employer in any capacity; and
360360 175
361361 (ii) an individual that is no longer employed by a public employer because of or in
362362 176
363363 connection with an unfair labor practice or concerted employee action.
364364 177
365365 (b) "Public employee" does not include:
366366 178
367367 (i) a fire fighter, as that term is defined in Section 34-20a-2;
368368 179
369369 (ii) an elected official;
370370 180
371371 (iii) a person directly appointed by the governor;
372372 181
373373 (iv) a supervisory employee;
374374 182
375375 (v) a management official;
376376 183
377377 (vi) a confidential employee;
378378 184
379379 (vii) an appointed member of a state board or commission who does not receive
380380 185
381381 compensation;
382382 186
383383 (viii) a school administrator; or
384384 187
385385 (ix) an intern.
386386 188
387387 (9) "Public employer" means:
388388 189
389389 (a) a state agency, department, division, bureau, board, commission, council, authority,
390390 190
391391 educational institution, or any other body in the executive branch of state government;
392392 191
393393 (b) the legislative branch of state government;
394394 192
395395 (c) the judicial branch of state government;
396396 193
397397 (d) a county, city, town, regional governing body, council, school district, special
398398 194
399399 district, special service district, or municipal corporation, board, department,
400400 195
401401 commission, council; or
402402 196
403403 (e) any other body created by state or local authority.
404404 197
405405 (10) "Supervisory employee" means an individual with the authority:
406406 198
407407 (a) on a regular, recurring basis while acting in the interest of the employer to hire,
408408 199
409409 transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline
410410 200
411411 other employees; or
412412 - 6 - 01-24 14:55 S.B. 168
413413 201
414414 (b) to recommend the actions described in Subsection (10)(a) if the recommendation is
415415 202
416416 not routine or clerical in nature and requires the use of independent judgment.
417417 203
418418 Section 4. Section 34-20b-102 is enacted to read:
419419 204
420420 34-20b-102 . Legislative authority -- Rulemaking authority.
421421 205
422422 (1) This chapter does not limit the authority of the Legislature, any political subdivision, or
423423 206
424424 the legislative body of a public employer to appropriate for salary and wages, hours,
425425 207
426426 fringe benefits, and other conditions of employment.
427427 208
428428 (2) The board shall adopt, amend, or rescind any rules the board considers necessary to
429429 209
430430 carry out the provisions of this chapter.
431431 210
432432 Section 5. Section 34-20b-103 is enacted to read:
433433 211
434434 34-20b-103 . Administrative Procedure Act applicable -- Conduct of hearing.
435435 212
436436 (1) The board shall conduct a hearing or appeal under this chapter in accordance with the
437437 213
438438 appropriate provisions of Title 63G, Chapter 4, Administrative Procedures Act.
439439 214
440440 (2) The board, with the consent of all necessary parties, may conduct a hearing or appeal
441441 215
442442 under this chapter by telephone or video conference.
443443 216
444444 Section 6. Section 34-20b-104 is enacted to read:
445445 217
446446 34-20b-104 . Board authorized to subpoena witnesses and administer oaths --
447447 218
448448 Counsel for parties to litigation.
449449 219
450450 (1) The board may subpoena witnesses and administer oaths and affirmations to accomplish
451451 220
452452 the objectives and carry out the duties required by this chapter.
453453 221
454454 (2) If a person neglects or refuses to obey a subpoena issued in accordance with Subsection
455455 222
456456 (1), a court with jurisdiction may issue an order requiring that person to appear before
457457 223
458458 the board or an agent of the board to produce evidence or give testimony regarding the
459459 224
460460 matter under investigation.
461461 225
462462 (3) The board may issue a subpoena, notice of hearing or other process, or notice of the
463463 226
464464 board issued in accordance with this chapter by:
465465 227
466466 (a) sending the subpoena, notice of hearing, or other process or notice of the board
467467 228
468468 through U.S. mail; or
469469 229
470470 (b) if the parties agree, electronic mail.
471471 230
472472 (4) In an action brought under this chapter in a court of this state:
473473 231
474474 (a) the attorney general or attorney of a political subdivision shall represent the public
475475 232
476476 employer; and
477477 233
478478 (b) counsel hired to represent the board for purposes of the action shall represent the
479479 234
480480 board.
481481 - 7 - S.B. 168 01-24 14:55
482482 235
483483 Section 7. Section 34-20b-105 is enacted to read:
484484 236
485485 34-20b-105 . Existing collective bargaining agreements not affected.
486486 237
487487 Nothing in this chapter revokes an established collective bargaining agreement that is
488488 238
489489 recognized or in existence before May 7, 2025.
490490 239
491491 Section 8. Section 34-20b-106 is enacted to read:
492492 240
493493 34-20b-106 . Public employees protected in right of self-organization.
494494 241
495495 Public employees are protected from interference, restraint, or coercion in the exercise
496496 242
497497 of the right:
498498 243
499499 (1) to self-organize;
500500 244
501501 (2) to form, join, or assist any labor organization;
502502 245
503503 (3) to bargain collectively through representatives of the public employees' choosing on
504504 246
505505 questions of:
506506 247
507507 (a) wages;
508508 248
509509 (b) hours;
510510 249
511511 (c) fringe benefits; and
512512 250
513513 (d) other conditions of employment; and
514514 251
515515 (4) to engage in other concerted activities for the purpose of collective bargaining or other
516516 252
517517 mutual aid or protection.
518518 253
519519 Section 9. Section 34-20b-107 is enacted to read:
520520 254
521521 34-20b-107 . Board to determine appropriate unit -- Factors to be considered.
522522 255
523523 (1) To ensure public employees the rights described in Section 34-20b-106, the board or an
524524 256
525525 agent of the board shall:
526526 257
527527 (a) decide the appropriate unit for the purpose of collective bargaining; and
528528 258
529529 (b) when deciding the appropriate unit in accordance with Subsection (1)(a), consider
530530 259
531531 the following factors:
532532 260
533533 (i) communities of interest;
534534 261
535535 (ii) wages;
536536 262
537537 (iii) hours;
538538 263
539539 (iv) fringe benefits;
540540 264
541541 (v) other working conditions of the employees involved;
542542 265
543543 (vi) common supervision;
544544 266
545545 (vii) common personnel policies;
546546 267
547547 (viii) extent of integration of work functions and interchange among public
548548 268
549549 employees affected; and
550550 - 8 - 01-24 14:55 S.B. 168
551551 269
552552 (ix) the desires of the public employees.
553553 270
554554 (2) If a state agency or facility of a state agency is reorganized to the extent that the
555555 271
556556 reorganization results in substantial changes to the factors listed in Subsection (1), the
557557 272
558558 public employer representative may petition the board to make a new decision of the
559559 273
560560 appropriate unit for the purpose of collective bargaining.
561561 274
562562 (3) If the board makes a new decision of an appropriate unit as described in Subsection (2),
563563 275
564564 the board shall consider the consequences of the reorganization on each position in the
565565 276
566566 affected state agency or facility.
567567 277
568568 (4) Unless the board receives a petition to consider a collective bargaining unit that was not
569569 278
570570 designated as an appropriate unit before the reorganization described in Subsection (2),
571571 279
572572 the board may not choose a labor organization that was not designated to represent
573573 280
574574 employees of the affected state agency or facility at the time the reorganization became
575575 281
576576 effective.
577577 282
578578 Section 10. Section 34-20b-108 is enacted to read:
579579 283
580580 34-20b-108 . Deduction of dues from employee's pay.
581581 284
582582 Upon written authorization of any public employee within a collective bargaining unit, a
583583 285
584584 public employer shall:
585585 286
586586 (1) deduct from the public employee's pay the employee's monthly dues as certified by the
587587 287
588588 secretary of the exclusive representative; and
589589 288
590590 (2) deliver the dues to the treasurer of the exclusive representative.
591591 289
592592 Section 11. Section 34-20b-109 is enacted to read:
593593 290
594594 34-20b-109 . Designated labor organizations to represent employees without
595595 291
596596 discrimination -- Rights and safeguards guaranteed.
597597 292
598598 (1) A labor organization designated in accordance with the provisions of this chapter shall
599599 293
600600 represent the interest of all public employees in the collective bargaining unit without
601601 294
602602 discrimination for the purpose of collective bargaining with respect to:
603603 295
604604 (a) rates of pay;
605605 296
606606 (b) hours;
607607 297
608608 (c) fringe benefits; and
609609 298
610610 (d) other conditions of employment.
611611 299
612612 (2) The board shall extend or continue designation or recognition as an exclusive
613613 300
614614 representative to a labor organization if the labor organization's:
615615 301
616616 (a) written bylaws provide for and guarantee the rights and safeguards described in
617617 302
618618 Subsection (3); and
619619 - 9 - S.B. 168 01-24 14:55
620620 303
621621 (b) practices conform to the rights and safeguards described in Subsection (3).
622622 304
623623 (3) The rights and safeguards of a public employee represented by a labor organization are:
624624 305
625625 (a) democratic organization and procedures;
626626 306
627627 (b) elections conducted in accordance with adequate standards established by the board;
628628 307
629629 (c) controls for the regulation of officers and agents that have a fiduciary duty to the
630630 308
631631 organization; and
632632 309
633633 (d) sound accounting and fiscal controls, including annual audits.
634634 310
635635 (4) The board shall hear and make a determination for any dispute arising from a
636636 311
637637 determination made in accordance with Subsection (2).
638638 312
639639 Section 12. Section 34-20b-110 is enacted to read:
640640 313
641641 34-20b-110 . Petition on representation question -- Investigation by board --
642642 314
643643 Hearing.
644644 315
645645 (1) The board or an agent of the board shall:
646646 316
647647 (a) investigate a petition described in Section 34-20b-107; and
648648 317
649649 (b) if the board or agent of the board has reasonable cause to believe that a question of
650650 318
651651 representation exists, provide, in accordance with a rule made by the board, for an
652652 319
653653 appropriate hearing upon notice that a petition has been filed:
654654 320
655655 (i) by an employee or group of employees or any labor organization acting on behalf
656656 321
657657 of the employee or group of employees alleging that at least 30% of the
658658 322
659659 employees:
660660 323
661661 (A) wish to be represented for collective bargaining by a labor organization as the
662662 324
663663 employees' exclusive representation; or
664664 325
665665 (B) assert that the labor organization that the board designated as the exclusive
666666 326
667667 representative or the public employer currently recognizes as the bargaining
668668 327
669669 representative is no longer the representative of the majority of employees in
670670 328
671671 the unit; or
672672 329
673673 (ii) by the public employer alleging that one or more labor organizations have
674674 330
675675 presented to the public employer a claim to be recognized as the exclusive
676676 331
677677 representative in an appropriate unit.
678678 332
679679 (2) In the hearing described in Subsection (1)(b), the board is not bound by common law,
680680 333
681681 the Utah Rules of Evidence, nor the Federal Rules of Evidence.
682682 334
683683 Section 13. Section 34-20b-111 is enacted to read:
684684 335
685685 34-20b-111 . Representation election at direction of the board.
686686 336
687687 (1) If the board or an agent of the board, in the hearing described in Section 34-20b-110,
688688 - 10 - 01-24 14:55 S.B. 168
689689 337
690690 finds that a question of representation exists, the board or an agent of the board shall
691691 338
692692 hold an election by secret ballot where the employees involved in the hearing may
693693 339
694694 decide:
695695 340
696696 (a) whether the employees desire that a labor organization represent the employees; and
697697 341
698698 (b) if, pursuant to Subsection (1)(a), the employees desire that a labor organization
699699 342
700700 represent the employees, which labor organization the employees want to represent
701701 343
702702 the employees.
703703 344
704704 (2) The board or an agent of the board shall certify the results of the election described in
705705 345
706706 Subsection (1).
707707 346
708708 (3) For a labor organization to appear on the ballot in the election described in Subsection
709709 347
710710 (1), at least 10% of employees in the appropriate unit must indicate to the board that the
711711 348
712712 labor organization is the employees' choice of labor organization before the election
713713 349
714714 occurs.
715715 350
716716 (4) The board or an agent of the board shall:
717717 351
718718 (a) determine the eligibility to vote in the election described in Subsection (1); and
719719 352
720720 (b) establish rules governing the election described in Subsection (1).
721721 353
722722 (5)(a) The board or an agent of the board shall conduct a runoff election if no choice for
723723 354
724724 a representative on the ballot in the election described in Subsection (1) receives a
725725 355
726726 majority of the votes cast.
727727 356
728728 (b) In the runoff election described in Subsection (5)(a), the board or an agent of the
729729 357
730730 board shall place on the ballot the two choices that received the highest amount of
731731 358
732732 votes in the election described in Subsection (1).
733733 359
734734 (6) The board or agent of the board shall certify a labor organization that receives the
735735 360
736736 majority of the votes in an election or a runoff election as the exclusive representative.
737737 361
738738 (7) Nothing in this section or Section 34-20b-110 prohibits the waiving of hearings by
739739 362
740740 stipulation for the purpose of a consent election in conformity with the rules of the board.
741741 363
742742 (8) An election conducted under this section may not occur within a bargaining unit or any
743743 364
744744 subdivision of the bargaining unit if the bargaining unit or the subdivision of the
745745 365
746746 bargaining unit has held a valid election within the previous twelve months.
747747 366
748748 Section 14. Section 34-20b-112 is enacted to read:
749749 367
750750 34-20b-112 . Representative of public employer.
751751 368
752752 The governor of the state, the governing body of a political subdivision, the
753753 369
754754 commissioner of higher education, or the designated authorized representative shall represent
755755 370
756756 the public employer in collective bargaining with an exclusive representative.
757757 - 11 - S.B. 168 01-24 14:55
758758 371
759759 Section 15. Section 34-20b-113 is enacted to read:
760760 372
761761 34-20b-113 . Management rights of public employers.
762762 373
763763 Public employees and the public employees' representatives shall recognize the
764764 374
765765 prerogative of a public employer to operate and manage the public employer's affairs in areas
766766 375
767767 that involve:
768768 376
769769 (1) directing an employee;
770770 377
771771 (2) hiring, promoting, transferring, assigning, and retaining an employee; and
772772 378
773773 (3) relieving an employee from duties due to:
774774 379
775775 (a) lack of work or funds; or
776776 380
777777 (b) conditions where continuation of the employee's work would be inefficient and
778778 381
779779 nonproductive.
780780 382
781781 Section 16. Section 34-20b-114 is enacted to read:
782782 383
783783 34-20b-114 . Duty to bargain collectively -- Good faith requirement.
784784 384
785785 (1) The public employer and the exclusive representative, through an appropriate official or
786786 385
787787 the appropriate official's representative, have the authority and the duty to bargain
788788 386
789789 collectively in good faith as described in Subsection (2).
790790 387
791791 (2) For purposes of this chapter, collective bargaining occurs when a public employer or the
792792 388
793793 public employer's representative and the representative of the exclusive representative:
794794 389
795795 (a) meet at reasonable times and negotiate in good faith with respect to:
796796 390
797797 (i) wages;
798798 391
799799 (ii) hours;
800800 392
801801 (iii) fringe benefits; and
802802 393
803803 (iv) other conditions of employment; or
804804 394
805805 (b) negotiate, in good faith, an agreement or any question that arises under the
806806 395
807807 agreement and execute a written contract incorporating the negotiated agreement.
808808 396
809809 (3) Nothing in this section requires either party to a collective bargaining process to:
810810 397
811811 (a) agree to a proposal made by the other party; or
812812 398
813813 (b) make a concession.
814814 399
815815 (4)(a) When the state government is a party to collective bargaining, the parties may
816816 400
817817 meet the requirement of negotiating in good faith described in Subsection (2)(b) by
818818 401
819819 submitting a negotiated settlement to the Legislature in the executive budget or by a
820820 402
821821 bill or joint resolution.
822822 403
823823 (b) The failure of the parties to comply with Subsection (4)(a) does not constitute, by
824824 404
825825 itself, prima facie evidence of a failure to negotiate in good faith.
826826 - 12 - 01-24 14:55 S.B. 168
827827 405
828828 (5) Nothing in this chapter requires a board of trustees to bargain collectively upon a matter
829829 406
830830 other than a matter specified in Subsection (2).
831831 407
832832 Section 17. Section 34-20b-115 is enacted to read:
833833 408
834834 34-20b-115 . Collective bargaining agreement.
835835 409
836836 (1) A public employer and an exclusive representative, upon reaching an agreement in
837837 410
838838 accordance with Section 34-20b-114, shall:
839839 411
840840 (a) reduce the agreement to writing; and
841841 412
842842 (b) sign the agreement.
843843 413
844844 (2) An agreement may contain a grievance procedure culminating in a final and binding
845845 414
846846 arbitration of an unresolved grievance or a disputed interpretation of the agreement.
847847 415
848848 (3) The public employer and a labor organization shall ensure that an agreement between
849849 416
850850 the public employer and a labor organization is valid and enforceable.
851851 417
852852 Section 18. Section 34-20b-116 is enacted to read:
853853 418
854854 34-20b-116 . Mediation of disputes -- Initiation of fact finding -- Designation of
855855 419
856856 fact finder.
857857 420
858858 (1) If, after a reasonable period of negotiation over the terms of an agreement or upon
859859 421
860860 expiration of an existing collective bargaining agreement, a dispute concerning the
861861 422
862862 collective bargaining agreement arises between the public employer and a labor
863863 423
864864 organization, the parties shall request mediation.
865865 424
866866 (2) If, upon expiration of an existing collective bargaining agreement or 30 days following
867867 425
868868 certification or recognition of an exclusive representative, a dispute concerning the
869869 426
870870 collective bargaining agreement arises between the employer and the exclusive
871871 427
872872 representative, either the employer or the exclusive representative may petition the board
873873 428
874874 to initiate fact finding.
875875 429
876876 (3)(a) Within three days of receiving the petition described in Subsection (2), the board
877877 430
878878 shall submit to the parties a list of five qualified, disinterested individuals from which
879879 431
880880 the parties shall alternate in striking two names.
881881 432
882882 (b) The remaining individual, after the process described in Subsection (3)(a), is the
883883 433
884884 designated fact finder.
885885 434
886886 (4) The parties shall, within five days of receiving the list described in Subsection (3)(a):
887887 435
888888 (a) complete the process described in Subsection (2); and
889889 436
890890 (b) notify the board of the designated fact finder.
891891 437
892892 (5) If neither party makes a request for fact finding, before the expiration of the agreement
893893 438
894894 or 30 days following certification or recognition of an exclusive representative, the
895895 - 13 - S.B. 168 01-24 14:55
896896 439
897897 board may initiate fact finding as provided in Subsection (2).
898898 440
899899 Section 19. Section 34-20b-117 is enacted to read:
900900 441
901901 34-20b-117 . Fact finding proceedings.
902902 442
903903 (1) As used in this section, "fact finder" means the individual designated to conduct fact
904904 443
905905 finding under Section 34-20b-116.
906906 444
907907 (2) The fact finder shall, immediately after the parties designate the individual as a fact
908908 445
909909 finder, establish the dates and places of hearings.
910910 446
911911 (3) For the hearings described in Subsection (2):
912912 447
913913 (a) the public employer and exclusive representative are the only proper parties to a
914914 448
915915 hearing;
916916 449
917917 (b) upon request of either the public employer or the exclusive representative, the board
918918 450
919919 shall issue a subpoena for a hearing conducted by the fact finder; and
920920 451
921921 (c) the fact finder may administer oaths.
922922 452
923923 (4) Upon completion of the hearings described in Subsection (2), but no later than 20 days
924924 453
925925 from the day on which the fact finder is designated as a fact finder, the fact finder shall:
926926 454
927927 (a) make written findings of facts and recommendations for resolution of the dispute; and
928928 455
929929 (b) serve the findings on the public employer and exclusive representative.
930930 456
931931 (5) The fact finder may make the written findings described in Subsection (4)(a) public five
932932 457
933933 days after the day on which the fact finder submits the findings to the public employer
934934 458
935935 and exclusive representative.
936936 459
937937 (6) If the public employer and exclusive representative do not resolve the dispute within 15
938938 460
939939 days after the day on which the fact finder submits the report to the parties, the fact
940940 461
941941 finder shall make the report public.
942942 462
943943 (7)(a) When a party to a dispute initiates fact finding proceedings, all parties to a fact
944944 463
945945 finding dispute shall equally bear the cost of the fact finding proceedings.
946946 464
947947 (b) When the board initiates fact finding proceedings, the board and the parties shall
948948 465
949949 equally bear the cost of the fact finding proceedings.
950950 466
951951 (8) Nothing in this chapter prohibits a fact finder from mediating a dispute in which the fact
952952 467
953953 finder is appointed.
954954 468
955955 Section 20. Section 34-20b-118 is enacted to read:
956956 469
957957 34-20b-118 . Arbitration not prohibited.
958958 470
959959 (1) Nothing in this chapter prohibits a public employer and exclusive representative from
960960 471
961961 agreeing to submit a dispute to a final and binding arbitration.
962962 472
963963 (2) If a public employer and exclusive representative agree to submit a dispute to
964964 - 14 - 01-24 14:55 S.B. 168
965965 473
966966 arbitration, the arbitration agreement supersedes the fact finding provisions described in
967967 474
968968 Sections 34-20b-116 and 34-20b-117.
969969 475
970970 (3) An agreement to arbitrate and any award resulting from arbitration is enforceable in the
971971 476
972972 same manner in which a collective bargaining agreement is enforceable under this
973973 477
974974 chapter.
975975 478
976976 Section 21. Section 34-20b-119 is enacted to read:
977977 479
978978 34-20b-119 . Training of fact finders and arbitrators.
979979 480
980980 (1) The board shall establish an education course to train fact finders and arbitrators.
981981 481
982982 (2) An individual shall, prior to serving as a fact finder or an arbitrator under this chapter,
983983 482
984984 successfully complete the education course described in Subsection (1).
985985 483
986986 Section 22. Section 34-20b-120 is enacted to read:
987987 484
988988 34-20b-120 . Unfair labor practices of public employer.
989989 485
990990 (1) It is an unfair labor practice for a public employer to:
991991 486
992992 (a) interfere with, restrain, or coerce employees that are exercising the rights guaranteed
993993 487
994994 in Section 34-20-106;
995995 488
996996 (b) dominate, interfere, or assist in the formation or administration of a labor
997997 489
998998 organization;
999999 490
10001000 (c) discriminate in regard to hiring or offering tenure of employment, or any term of
10011001 491
10021002 condition of employment, with the intent to encourage or discourage membership in a
10031003 492
10041004 labor organization;
10051005 493
10061006 (d) discharge or otherwise discriminate against an employee because the employee has:
10071007 494
10081008 (i) signed or filed an affidavit, petition, or complaint; or
10091009 495
10101010 (ii) given any information or testimony under this chapter; or
10111011 496
10121012 (e) refuse to bargain collectively in good faith with an exclusive representative.
10131013 497
10141014 (2) Nothing in this section prohibits an employer from permitting employees to confer with
10151015 498
10161016 the employer during working hours without loss of time or pay.
10171017 499
10181018 (3) The board has authority to remedy a violation of this section.
10191019 500
10201020 Section 23. Section 34-20b-121 is enacted to read:
10211021 501
10221022 34-20b-121 . Unfair labor practice complaint -- Investigation -- Notice of hearing
10231023 502
10241024 -- Service -- Answer.
10251025 503
10261026 (1) When the board receives a complaint alleging that a person has engaged in or is
10271027 504
10281028 engaging in an unfair labor practice, the board shall:
10291029 505
10301030 (a) issue and serve a copy of the complaint on the party alleged to have engaged in an
10311031 506
10321032 unfair labor practice; and
10331033 - 15 - S.B. 168 01-24 14:55
10341034 507
10351035 (b) provide the party an opportunity to respond to the allegations.
10361036 508
10371037 (2) After receiving the party's response to the allegations described in Subsection (1)(b), an
10381038 509
10391039 agent designated by the board shall investigate the alleged unfair labor practice.
10401040 510
10411041 (3)(a) If, after the investigation described in Subsection (2), the agent designated by the
10421042 511
10431043 board determines that the allegation has no probable merit, the board shall issue and
10441044 512
10451045 cause to be served on the complaining party and the opposing party indicated in the
10461046 513
10471047 allegation notice of the board's intention to dismiss the complaint.
10481048 514
10491049 (b) A dismissal by the board becomes a final order of the board unless either party
10501050 515
10511051 requests a review of the decision to dismiss the complaint.
10521052 516
10531053 (c) A party making a request for review described in Subsection (3)(b) shall make the
10541054 517
10551055 request within 10 days of receipt of the notice of intention to dismiss described in
10561056 518
10571057 Subsection (1)(a).
10581058 519
10591059 (d) If a party requests a review, the board may uphold the board's decision to dismiss the
10601060 520
10611061 complaint, or pursuant to Subsection (4), schedule a meeting on the merits of the
10621062 521
10631063 complaint.
10641064 522
10651065 (e) If the board upholds the board's decision to dismiss the complaint, the dismissal
10661066 523
10671067 becomes the final order of the board.
10681068 524
10691069 (4) If, after investigation or after the review described in Subsection (3), the board
10701070 525
10711071 determines probable merit exists for the allegation, the board shall issue and serve upon
10721072 526
10731073 the complaining party and the opposing party indicated in the allegation a notice of
10741074 527
10751075 hearing:
10761076 528
10771077 (a) that states:
10781078 529
10791079 (i) whether the hearing is before the board, a member of the board, or before a
10801080 530
10811081 designated agent of the board; and
10821082 531
10831083 (ii) the time and place the hearing will occur; and
10841084 532
10851085 (b) at least five business days before the day on which the hearing will occur.
10861086 533
10871087 (5) If a hearing is to be held, the opposing party indicated in the allegation shall file an
10881088 534
10891089 answer to the complaint.
10901090 535
10911091 (6)(a) Each party to an unfair labor practice proceeding has the right to disqualify,
10921092 536
10931093 without cause, the hearing examiner designated by the board to hear the complaint.
10941094 537
10951095 (b) A party exercising the right under Subsection (6)(a):
10961096 538
10971097 (i) may exercise the right only once; and
10981098 539
10991099 (ii) shall exercise the right within five days from the day on which the board notifies
11001100 540
11011101 the party of the hearing examiner the board designates to hear the matter.
11021102 - 16 - 01-24 14:55 S.B. 168
11031103 541
11041104 (7) The complaining party may amend the complaining party's complaint at any time,
11051105 542
11061106 provided that the opposing party indicated in the complaint is not unfairly prejudiced by
11071107 543
11081108 the amendment.
11091109 544
11101110 Section 24. Section 34-20b-122 is enacted to read:
11111111 545
11121112 34-20b-122 . Hearing on unfair labor practice complaint -- Findings -- Order.
11131113 546
11141114 (1) As used in this section, "hearing" means a hearing initiated by a complaint in Section
11151115 547
11161116 34-20b-121.
11171117 548
11181118 (2) In a hearing, both the complaining party and the opposing party indicated in the
11191119 549
11201120 allegation shall:
11211121 550
11221122 (a) be parties to the hearing; and
11231123 551
11241124 (b) appear in person at the time and place described in the notice of hearing.
11251125 552
11261126 (3) In a hearing, the board is not bound by the Utah Rules of Evidence nor the Federal
11271127 553
11281128 Rules of Evidence.
11291129 554
11301130 (4) The board or the board's agent shall reduce testimony taken by the board or the board's
11311131 555
11321132 agent to writing and the board shall file and maintain that testimony.
11331133 556
11341134 (5) If, upon preponderance of the testimony taken, the board determines that a person
11351135 557
11361136 named in the complaint has engaged in or is engaging in an unfair labor practice, the
11371137 558
11381138 board shall:
11391139 559
11401140 (a) state the board's findings of fact; and
11411141 560
11421142 (b) issue and cause to be served on the person an order that the person:
11431143 561
11441144 (i) cease and desist from the unfair labor practice; and
11451145 562
11461146 (ii) take action, including reinstatement of employees with or without backpay, that
11471147 563
11481148 will effectuate the policies of this chapter.
11491149 564
11501150 (6) The order described in Subsection (5):
11511151 565
11521152 (a) may further require the person that has engaged in or is engaging in an unfair labor
11531153 566
11541154 practice to make reports showing the extent to which the person has complied with
11551155 567
11561156 the chapter; and
11571157 568
11581158 (b) may not require the reinstatement of an individual as an employee if the individual
11591159 569
11601160 has engaged in or is engaging in an unfair labor practice or was suspended or
11611161 570
11621162 discharged for cause.
11631163 571
11641164 (7) If, upon preponderance of the testimony taken, the board determines that a person
11651165 572
11661166 named in the complaint has not engaged in or is not engaging in an unfair labor practice,
11671167 573
11681168 the board shall:
11691169 574
11701170 (a) state the board's findings of fact; and
11711171 - 17 - S.B. 168 01-24 14:55
11721172 575
11731173 (b) issue an order dismissing the complaint.
11741174 576
11751175 (8) If the evidence is presented before a member of the board or before an examiner
11761176 577
11771177 designated by the board to hear a complaint, the member of the board or the examiner
11781178 578
11791179 shall:
11801180 579
11811181 (a) issue and cause to be served on the parties to the proceeding a proposed decision and
11821182 580
11831183 a recommended order; and
11841184 581
11851185 (b) file the proposed decision and recommended order with the board within 20 days
11861186 582
11871187 after the day on which the member of the board or examiner serves the proposed
11881188 583
11891189 decision and recommended order on the parties.
11901190 584
11911191 (9) If no party objects to the proposed decision and recommended order described in
11921192 585
11931193 Subsection (8), the recommended order becomes the final decision of the board.
11941194 586
11951195 (10)(a) The board or the complaining party shall file a record of the hearing and the
11961196 587
11971197 board's order in a court with jurisdiction.
11981198 588
11991199 (b) Until the board or the complaining party files a record of a proceeding in a court with
12001200 589
12011201 jurisdiction, the board may, at any time, upon reasonable notice and in a manner the
12021202 590
12031203 court determines proper, modify or set aside, in whole or in part, any finding or order
12041204 591
12051205 made or issued by the board.
12061206 592
12071207 Section 25. Section 34-20b-123 is enacted to read:
12081208 593
12091209 34-20b-123 . Court enforcement and review of board order.
12101210 594
12111211 (1) As used in this section, "board order" means an order issued in accordance with Section
12121212 595
12131213 34-20b-122.
12141214 596
12151215 (2) The board or a complaining party may petition for the enforcement a board order and
12161216 597
12171217 for appropriate injunctive relief.
12181218 598
12191219 (3) The court shall, within 20 days from the day on which the board or complaining party
12201220 599
12211221 files a petition in accordance with Subsection (2), serve the opposing party named in the
12221222 600
12231223 complaint a notice of hearing at least 20 days before the day on which the hearing will
12241224 601
12251225 occur.
12261226 602
12271227 (4) The court may not consider an objection that has not been previously raised or
12281228 603
12291229 considered before the board unless the failure to consider the objection resulted from
12301230 604
12311231 extraordinary circumstances.
12321232 605
12331233 (5) The court shall consider the findings of the board, if the findings are supported by
12341234 606
12351235 substantial evidence, as conclusive.
12361236 607
12371237 (6)(a) If either party petitions the court to present additional evidence and the court
12381238 608
12391239 determines the additional evidence is material to the dispute and reasonable grounds
12401240 - 18 - 01-24 14:55 S.B. 168
12411241 609
12421242 existed for the failure to present the evidence at the hearing before the board, the
12431243 610
12441244 court may order the additional evidence to be presented before the board and be made
12451245 611
12461246 part of the board's record.
12471247 612
12481248 (b) The board may modify the board's findings as a result of the additional evidence
12491249 613
12501250 filed as described in Subsection (6)(a) and, if the board modifies the board's findings,
12511251 614
12521252 the board shall file the modified findings with a court with jurisdiction.
12531253 615
12541254 (7) After a hearing, the court shall issue the court's order granting relief the court
12551255 616
12561256 determines proper, including modifying or setting aside, in whole or in part, the board
12571257 617
12581258 order.
12591259 618
12601260 (8) The commencement of a proceeding under this section does not, unless ordered by the
12611261 619
12621262 court, operate as a stay of the board order.
12631263 620
12641264 Section 26. Section 34-20b-124 is enacted to read:
12651265 621
12661266 34-20b-124 . Strikes by police officers prohibited.
12671267 622
12681268 (1) As used in this section:
12691269 623
12701270 (a) "Police officer" means a full-time, salaried member of any regularly constituted
12711271 624
12721272 police department in any city, town, or county.
12731273 625
12741274 (b) "Strike" means a police officer taking an action listed in Subsection (1)(c), in
12751275 626
12761276 concerted action with others, for the purpose of inducing, influencing, or coercing a
12771277 627
12781278 change in the conditions of employment, compensation, rights, privileges, or
12791279 628
12801280 obligations of employment.
12811281 629
12821282 (c) "Strike" includes:
12831283 630
12841284 (i) refusal to report for duty;
12851285 631
12861286 (ii) willful absence from the police officer's position;
12871287 632
12881288 (iii) stoppage of work; or
12891289 633
12901290 (iv) departure from the full, faithful, or proper performance of duties of employment.
12911291 634
12921292 (2) For bargaining units that contain a police officer, each collective bargaining agreement
12931293 635
12941294 shall contain a clause that prohibits police officers from engaging in a strike.
12951295 636
12961296 Section 27. Section 34-20b-125 is enacted to read:
12971297 637
12981298 34-20b-125 . Mediation of disputes -- Appointment of fact finder.
12991299 638
13001300 (1)(a) If, after 150 days of good faith negotiation over the terms of a collective
13011301 639
13021302 bargaining agreement or 150 days after the day of certification or recognition of an
13031303 640
13041304 exclusive representative, the parties to a dispute have not signed an agreement, either
13051305 641
13061306 or both of the parties may notify the board of the status of the negotiations and the
13071307 642
13081308 need for a mediator.
13091309 - 19 - S.B. 168 01-24 14:55
13101310 643
13111311 (b) Notwithstanding Subsection (1)(a), the parties may request a mediator before the end
13121312 644
13131313 of the 150-day period.
13141314 645
13151315 (c) The 150-day period described in Subsection (1)(a) begins when the parties meet for
13161316 646
13171317 the first bargaining session and each party has received the other party's initial
13181318 647
13191319 proposal.
13201320 648
13211321 (d) Upon notice for either or both of the parties, the board shall appoint a mediator and
13221322 649
13231323 notify the parties of the appointment.
13241324 650
13251325 (2)(a) After 15 days of mediation, either party may declare an impasse.
13261326 651
13271327 (b) A mediator may declare an impasse at any time during the mediation process.
13281328 652
13291329 (c) The party or mediator declaring an impasse shall file a notification of impasse with
13301330 653
13311331 the board.
13321332 654
13331333 (3)(a) Within seven days after the day on which a party or the mediator declares an
13341334 655
13351335 impasse, each party shall submit to the mediator a final written offer of the party,
13361336 656
13371337 including a cost summary of the offer.
13381338 657
13391339 (b) Within seven days after the day on which the mediator receives each final written
13401340 658
13411341 offer, the mediator shall make public the final written offers, including any proposed
13421342 659
13431343 contract language and each party's cost summary addressing the issues on which the
13441344 660
13451345 parties failed to reach an agreement.
13461346 661
13471347 (c) The mediator, in making the final written offers public, shall title each proposed
13481348 662
13491349 language "Final Offer".
13501350 663
13511351 (4) Within 30 days after the day on which the mediator makes the final written offers
13521352 664
13531353 public, the parties may agree to and jointly petition the board to appoint a fact finder in
13541354 665
13551355 accordance with Section 34-20b-116.
13561356 666
13571357 (5) If the parties do not reach an agreement within 30 days after the day on which the
13581358 667
13591359 mediator makes the final written offers public, or if the parties participated in fact
13601360 668
13611361 finding, within 30 days after the receipt of the fact finder's report, either party may
13621362 669
13631363 petition the board for binding arbitration.
13641364 670
13651365 (6) The petition described in Subsection (5) shall include a copy of each party's final written
13661366 671
13671367 offer.
13681368 672
13691369 Section 28. Section 34-20b-126 is enacted to read:
13701370 673
13711371 34-20b-126 . Arbitration.
13721372 674
13731373 (1) After either party submits a petition for arbitration under Section 34-20b-125, the
13741374 675
13751375 parties must schedule arbitration no earlier than 30 days after the day on which either
13761376 676
13771377 party submits the petition for arbitration.
13781378 - 20 - 01-24 14:55 S.B. 168
13791379 677
13801380 (2)(a) After receipt of the petition for arbitration, the board shall submit a list of five
13811381 678
13821382 qualified, disinterested, and unbiased individuals to the parties.
13831383 679
13841384 (b) Upon receipt of the board's list, the parties shall alternate in striking a name from the
13851385 680
13861386 list, with each party striking two names.
13871387 681
13881388 (c) The parties shall determine the order of striking names by a coin toss.
13891389 682
13901390 (d) The remaining name, after both parties strike two names, is the arbitrator.
13911391 683
13921392 (e) If the parties have not designated the arbitrator and notified the board of the parties'
13931393 684
13941394 choice within five days after the day on which the parties receive the list, the board
13951395 685
13961396 shall appoint an arbitrator from the list.
13971397 686
13981398 (3)(a) Within 14 days before the day on which a hearing will occur, each party shall
13991399 687
14001400 submit to the other party a written last best offer on all unresolved subjects.
14011401 688
14021402 (b) A party, after submitting a last best offer to the other party, may not change the
14031403 689
14041404 contents of the last best offer.
14051405 690
14061406 (4) The arbitrator:
14071407 691
14081408 (a) shall:
14091409 692
14101410 (i) set the date, time, and place of a hearing conducted under this section;
14111411 693
14121412 (ii) decide the unresolved mandatory subjects contained in each party's last best offer;
14131413 694
14141414 (iii) base findings and opinions based on the following criteria:
14151415 695
14161416 (A) the interest and welfare of the public;
14171417 696
14181418 (B) the reasonable financial ability of the unit of government to meet the costs of
14191419 697
14201420 the proposed contract, giving consideration and weight to the other services
14211421 698
14221422 provided by the unit of government, as determined by the governing body of
14231423 699
14241424 the unit of government;
14251425 700
14261426 (C) the ability of the unit of government to attract and retain qualified personnel at
14271427 701
14281428 the wage and benefit levels provided;
14291429 702
14301430 (D) the overall compensation presently received by the public employee,
14311431 703
14321432 including direct wage compensation, holiday pay, other paid excused time,
14331433 704
14341434 insurance, and all other direct or indirect monetary benefits;
14351435 705
14361436 (E) comparison of the overall compensation of other public employees in
14371437 706
14381438 comparable communities with similar populations in this state;
14391439 707
14401440 (F) inflation;
14411441 708
14421442 (G) the stipulations of the parties; and
14431443 709
14441444 (H) other factors that are traditionally taken into consideration in the
14451445 710
14461446 determination of wages, hours, and other terms and conditions of employment;
14471447 - 21 - S.B. 168 01-24 14:55
14481448 711
14491449 and
14501450 712
14511451 (iv) afford each party the opportunity to examine and cross-examine all witnesses and
14521452 713
14531453 to present evidence relevant to the dispute; and
14541454 714
14551455 (b) may:
14561456 715
14571457 (i) issue a subpoena related to the arbitration under this section; and
14581458 716
14591459 (ii) administer oaths.
14601460 717
14611461 (5) Within 30 days after the day on which the hearings conclude, or an additional period
14621462 718
14631463 agreed upon by the parties, the arbitrator shall:
14641464 719
14651465 (a) select one of the last best offers submitted by the parties and make written findings
14661466 720
14671467 and an opinion and order;
14681468 721
14691469 (b) serve the opinion and order on the parties and board by personal delivery or by
14701470 722
14711471 certified mail; and
14721472 723
14731473 (c) base the opinion and order on the criteria described in Subsection (4)(a)(iii).
14741474 724
14751475 (6)(a) The opinion and order of the arbitrator are final and binding on the parties.
14761476 725
14771477 (b) The board shall issue an order containing the arbitrator's opinion and order.
14781478 726
14791479 (c) A party that fails to comply with the board's issue described in this Subsection (6)
14801480 727
14811481 commits an unfair labor practice.
14821482 728
14831483 (d) A party may enforce an order issued by the board under this Subsection (6) by
14841484 729
14851485 bringing an action in a court with jurisdiction.
14861486 730
14871487 Section 29. Effective Date.
14881488 731
14891489 This bill takes effect on May 7, 2025.
14901490 - 22 -