Utah 2025 Regular Session

Utah Senate Bill SB0327 Latest Draft

Bill / Enrolled Version Filed 03/14/2025

                            Enrolled Copy	S.B. 327
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Public Sector Labor Organization Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Karen M. Peterson
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LONG TITLE
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General Description:
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This bill modifies the state labor code.
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Highlighted Provisions:
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This bill:
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▸ defines terms related to public sector labor organizations;
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▸ provides that private employees have a right to collectively bargain with their employers;
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▸ includes a coordination clause to have the changes to Section 34-32-101 in this bill
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supersede Section 34-32-101 in H.B. 267, Public Sector Labor Union Amendments, if
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both pass and become law; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS:
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34-34-16, as enacted by Laws of Utah 1969, Chapter 85
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REPEALS AND REENACTS:
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34-32-101, as last amended by Laws of Utah 2025, Chapter 10
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Utah Code Sections affected by Coordination Clause:
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34-32-101, as last amended by Laws of Utah 2025, Chapter 10
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Be it enacted by the Legislature of the state of Utah: S.B. 327	Enrolled Copy
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The following section is affected by a coordination clause at the end of this bill.
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Section 1.  Section 34-32-101 is repealed and reenacted to read:
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34-32-101 . Definitions.
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(1)(a) "Labor organization" means an organization of any kind that:
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(i) is independent of the public employer; and
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(ii) exists for the purpose, in whole or in part, of dealing with public employers
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concerning grievances, labor disputes, wages, rates of pay, hours of employment,
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or other terms and conditions of employment.
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(b) Except as provided in Subsection (1)(c), "labor organization" includes:
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(i) a labor union, an employee council, or a worker committee; or
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(ii) an employee association or a union for employees of public sector or private
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sector employers.
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(c) "Labor organization" does not include:
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(i) an organization that has entered into a labor agreement or labor protective
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agreement under the Urban Mass Transportation Act, 49 U.S.C. Sec. 5333(b);
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(ii) an organization that is not an employee association or a union for employees that
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performs a public employer's internal functions, such as human resources or legal
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services, whether performed directly by the public employer or through a
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third-party contractor; or
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(iii) organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151
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et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq.
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(2) "Member" means a public employee who is a member of a labor organization.
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(3) "Political purposes" means an act done with the intent or in a way to influence or tend to
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influence, directly or indirectly, an individual 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
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election.
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(4) "Public employee" means an individual employed by a public employer.
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(5) "Public employer" means an employer that is:
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(a) the state of Utah or any administrative subunit of the state;
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(b) a state institution of higher education; or
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(c) a county, a municipality, a special district, a special service district, a local education
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agency as defined in Section 53E-1-102, or any other political subdivision of the state.
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(6) "Public money" means the same as that term is defined in Section 76-1-101.5.
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(7)(a) "Public property" means real property, personal property, or intellectual property
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that is owned, held, or managed by a public employer.
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(b) "Public property" includes a website, computer program, record, or data that is
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owned, held, or managed by a public employer.
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(8) "Representative" means a labor organization representative.
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(9)(a) "Union activity" means an activity that a labor organization, a member, or a
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representative performs that relates to:
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(i) advocating the general interests of members in wages, benefits, or terms and
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conditions of employment;
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(ii) enforcing the labor organization's internal policies and procedures;
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(iii) fulfilling the labor organization's obligations;
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(iv) advancing the labor organization's external relations; or
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(v) union organizing.
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(b) "Union activity" does not include:
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(i) advocating for a public employee in a specific employment dispute; or
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(ii) performing a public employer's internal functions, such as human resources or
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legal services, whether performed directly by the public employer or through a
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third-party contractor that is not an employee association or union.
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(10) "Union dues" means dues, fees, assessments, or other money required as a condition of
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membership or participation in a labor organization.
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(11) "Union organizing" means communicating with a public employee in an effort to
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persuade the public employee to join or support a labor organization.
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Section 2.  Section 34-34-16 is amended to read:
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34-34-16 . Right to bargain collectively not denied.
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      Nothing in this chapter shall be construed to deny the right of private employees to
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bargain collectively with their employer by and through labor unions, labor organizations or
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any other type of associations.
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Section 3.  Effective Date.
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(1) Except as provided in Subsection (2), this bill takes effect on the same date as H.B. 267,
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Public Sector Labor Union Amendments.
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(2) If H.B. 267, Public Sector Labor Union Amendments, does not go into effect, S.B. 327,
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Public Sector Labor Organization Amendments, does not go into effect.
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Section 4.  Coordinating S.B. 327 with H.B. 267.
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If S.B. 327, Public Sector Labor Organization Amendments, and H.B. 267, Public
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Sector Labor Union Amendments, both pass and become law, the Legislature intends that, on
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the effective date of S.B. 327, the repeal and reenactment of Section 34-32-101 in S.B. 327
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supersede the amendments to Section 34-32-101 (renumbered from Section 34-32-1) in H.B.
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267.
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