Utah 2025 Regular Session

Utah Senate Bill SB0327 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 327
	1	+	03-04 15:14 4th Sub. (Pumpkin) S.B. 327
	2	+	Lincoln Fillmore proposes the following substitute bill:
2	3		1
3	4		Public Sector Labor Organization Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Lincoln Fillmore
7	8		House Sponsor: Karen M. Peterson
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies the state labor code.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms related to public sector labor organizations;
22	23		9
23	24		▸ provides that private employees have a right to collectively bargain with their employers;
24	25		10
25	26		▸ includes a coordination clause to have the changes to Section 34-32-101 in this bill
26	27		11
27	28		supersede Section 34-32-101 in H.B. 267, Public Sector Labor Union Amendments, if
28	29		12
29	30		both pass and become law; and
30	31		13
31	32		▸ makes technical and conforming changes.
32	33		14
33	34		Money Appropriated in this Bill:
34	35		15
35	36		None
36	37		16
37	38		Other Special Clauses:
38	39		17
39	40		This bill provides a special effective date.
40	41		18
41	42		This bill provides a coordination clause.
42	43		19
43	44		Utah Code Sections Affected:
44	45		20
45	46		AMENDS:
46	47		21
47	48		34-34-16, as enacted by Laws of Utah 1969, Chapter 85
48	49		22
49	50		REPEALS AND REENACTS:
50	51		23
51	52		34-32-101, as last amended by Laws of Utah 2025, Chapter 10
52	53		24
53	54		Utah Code Sections affected by Coordination Clause:
54	55		25
55	56		34-32-101, as last amended by Laws of Utah 2025, Chapter 10
56	57		26
57	58
58	59		27
59		-	Be it enacted by the Legislature of the state of Utah: ~~S.B. 327 Enrolled Copy~~
	60	+	Be it enacted by the Legislature of the state of Utah:
60	61		28
61	62		The following section is affected by a coordination clause at the end of this bill.
	63	+	4th Sub. S.B. 327 4th Sub. (Pumpkin) S.B. 327 03-04 15:14
62	64		29
63	65		Section 1. Section 34-32-101 is repealed and reenacted to read:
64	66		30
65	67		34-32-101 . Definitions.
66	68		31
67	69		(1)(a) "Labor organization" means an organization of any kind that:
68	70		32
69	71		(i) is independent of the public employer; and
70	72		33
71	73		(ii) exists for the purpose, in whole or in part, of dealing with public employers
72	74		34
73	75		concerning grievances, labor disputes, wages, rates of pay, hours of employment,
74	76		35
75	77		or other terms and conditions of employment.
76	78		36
77	79		(b) Except as provided in Subsection (1)(c), "labor organization" includes:
78	80		37
79	81		(i) a labor union, an employee council, or a worker committee; or
80	82		38
81	83		(ii) an employee association or a union for employees of public sector or private
82	84		39
83	85		sector employers.
84	86		40
85	87		(c) "Labor organization" does not include:
86	88		41
87	89		(i) an organization that has entered into a labor agreement or labor protective
88	90		42
89	91		agreement under the Urban Mass Transportation Act, 49 U.S.C. Sec. 5333(b);
90	92		43
91	93		(ii) an organization that is not an employee association or a union for employees that
92	94		44
93	95		performs a public employer's internal functions, such as human resources or legal
94	96		45
95	97		services, whether performed directly by the public employer or through a
96	98		46
97	99		third-party contractor; or
98	100		47
99	101		(iii) organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151
100	102		48
101	103		et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
102	104		49
103	105		(2) "Member" means a public employee who is a member of a labor organization.
104	106		50
105	107		(3) "Political purposes" means an act done with the intent or in a way to influence or tend to
106	108		51
107	109		influence, directly or indirectly, an individual to refrain from voting or to vote for or
108	110		52
109	111		against any candidate for public office at any caucus, political convention, primary, or
110	112		53
111	113		election.
112	114		54
113	115		(4) "Public employee" means an individual employed by a public employer.
114	116		55
115	117		(5) "Public employer" means an employer that is:
116	118		56
117	119		(a) the state of Utah or any administrative subunit of the state;
118	120		57
119	121		(b) a state institution of higher education; or
120	122		58
121	123		(c) a county, a municipality, a special district, a special service district, a local education
122	124		59
123	125		agency as defined in Section 53E-1-102, or any other political subdivision of the state.
124	126		60
125	127		(6) "Public money" means the same as that term is defined in Section 76-1-101.5.
126	128		61
127	129		(7)(a) "Public property" means real property, personal property, or intellectual property
128		-	- 2 - Enrolled Copy S.B. 327
129	130		62
130	131		that is owned, held, or managed by a public employer.
	132	+	- 2 - 03-04 15:14 4th Sub. (Pumpkin) S.B. 327
131	133		63
132	134		(b) "Public property" includes a website, computer program, record, or data that is
133	135		64
134	136		owned, held, or managed by a public employer.
135	137		65
136	138		(8) "Representative" means a labor organization representative.
137	139		66
138	140		(9)(a) "Union activity" means an activity that a labor organization, a member, or a
139	141		67
140	142		representative performs that relates to:
141	143		68
142	144		(i) advocating the general interests of members in wages, benefits, or terms and
143	145		69
144	146		conditions of employment;
145	147		70
146	148		(ii) enforcing the labor organization's internal policies and procedures;
147	149		71
148	150		(iii) fulfilling the labor organization's obligations;
149	151		72
150	152		(iv) advancing the labor organization's external relations; or
151	153		73
152	154		(v) union organizing.
153	155		74
154	156		(b) "Union activity" does not include:
155	157		75
156	158		(i) advocating for a public employee in a specific employment dispute; or
157	159		76
158	160		(ii) performing a public employer's internal functions, such as human resources or
159	161		77
160	162		legal services, whether performed directly by the public employer or through a
161	163		78
162	164		third-party contractor that is not an employee association or union.
163	165		79
164	166		(10) "Union dues" means dues, fees, assessments, or other money required as a condition of
165	167		80
166	168		membership or participation in a labor organization.
167	169		81
168	170		(11) "Union organizing" means communicating with a public employee in an effort to
169	171		82
170	172		persuade the public employee to join or support a labor organization.
171	173		83
172	174		Section 2. Section 34-34-16 is amended to read:
173	175		84
174	176		34-34-16 . Right to bargain collectively not denied.
175	177		85
176	178		Nothing in this chapter shall be construed to deny the right of private employees to
177	179		86
178	180		bargain collectively with their employer by and through labor unions, labor organizations or
179	181		87
180	182		any other type of associations.
181	183		88
182	184		Section 3. Effective Date.
183	185		89
184	186		(1) Except as provided in Subsection (2), this bill takes effect on the same date as H.B. 267,
185	187		90
186	188		Public Sector Labor Union Amendments.
187	189		91
188	190		(2) If H.B. 267, Public Sector Labor Union Amendments, does not go into effect, S.B. 327,
189	191		92
190	192		Public Sector Labor Organization Amendments, does not go into effect.
191	193		93
192	194		Section 4. Coordinating S.B. 327 with H.B. 267.
193	195		94
194	196		If S.B. 327, Public Sector Labor Organization Amendments, and H.B. 267, Public
195	197		95
196	198		Sector Labor Union Amendments, both pass and become law, the Legislature intends that, on
197		-	- 3 - S.B. 327 Enrolled Copy
198	199		96
199	200		the effective date of S.B. 327, the repeal and reenactment of Section 34-32-101 in S.B. 327
	201	+	- 3 - 4th Sub. (Pumpkin) S.B. 327 03-04 15:14
200	202		97
201	203		supersede the amendments to Section 34-32-101 (renumbered from Section 34-32-1) in H.B.
202	204		98
203	205		267.
204	206		- 4 -