Enrolled Copy S.B. 327 1 Public Sector Labor Organization Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Lincoln Fillmore House Sponsor: Karen M. Peterson 2 3 LONG TITLE 4 General Description: 5 This bill modifies the state labor code. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms related to public sector labor organizations; 9 ▸ provides that private employees have a right to collectively bargain with their employers; 10 ▸ includes a coordination clause to have the changes to Section 34-32-101 in this bill 11 supersede Section 34-32-101 in H.B. 267, Public Sector Labor Union Amendments, if 12 both pass and become law; and 13 ▸ makes technical and conforming changes. 14 Money Appropriated in this Bill: 15 None 16 Other Special Clauses: 17 This bill provides a special effective date. 18 This bill provides a coordination clause. 19 Utah Code Sections Affected: 20 AMENDS: 21 34-34-16, as enacted by Laws of Utah 1969, Chapter 85 22 REPEALS AND REENACTS: 23 34-32-101, as last amended by Laws of Utah 2025, Chapter 10 24 Utah Code Sections affected by Coordination Clause: 25 34-32-101, as last amended by Laws of Utah 2025, Chapter 10 26 27 Be it enacted by the Legislature of the state of Utah: S.B. 327 Enrolled Copy 28 The following section is affected by a coordination clause at the end of this bill. 29 Section 1. Section 34-32-101 is repealed and reenacted to read: 30 34-32-101 . Definitions. 31 (1)(a) "Labor organization" means an organization of any kind that: 32 (i) is independent of the public employer; and 33 (ii) exists for the purpose, in whole or in part, of dealing with public employers 34 concerning grievances, labor disputes, wages, rates of pay, hours of employment, 35 or other terms and conditions of employment. 36 (b) Except as provided in Subsection (1)(c), "labor organization" includes: 37 (i) a labor union, an employee council, or a worker committee; or 38 (ii) an employee association or a union for employees of public sector or private 39 sector employers. 40 (c) "Labor organization" does not include: 41 (i) an organization that has entered into a labor agreement or labor protective 42 agreement under the Urban Mass Transportation Act, 49 U.S.C. Sec. 5333(b); 43 (ii) an organization that is not an employee association or a union for employees that 44 performs a public employer's internal functions, such as human resources or legal 45 services, whether performed directly by the public employer or through a 46 third-party contractor; or 47 (iii) organizations governed by the National Labor Relations Act, 29 U.S.C. Sec. 151 48 et seq. or the Railroad Labor Act, 45 U.S.C. Sec. 151 et seq. 49 (2) "Member" means a public employee who is a member of a labor organization. 50 (3) "Political purposes" means an act done with the intent or in a way to influence or tend to 51 influence, directly or indirectly, an individual to refrain from voting or to vote for or 52 against any candidate for public office at any caucus, political convention, primary, or 53 election. 54 (4) "Public employee" means an individual employed by a public employer. 55 (5) "Public employer" means an employer that is: 56 (a) the state of Utah or any administrative subunit of the state; 57 (b) a state institution of higher education; or 58 (c) a county, a municipality, a special district, a special service district, a local education 59 agency as defined in Section 53E-1-102, or any other political subdivision of the state. 60 (6) "Public money" means the same as that term is defined in Section 76-1-101.5. 61 (7)(a) "Public property" means real property, personal property, or intellectual property - 2 - Enrolled Copy S.B. 327 62 that is owned, held, or managed by a public employer. 63 (b) "Public property" includes a website, computer program, record, or data that is 64 owned, held, or managed by a public employer. 65 (8) "Representative" means a labor organization representative. 66 (9)(a) "Union activity" means an activity that a labor organization, a member, or a 67 representative performs that relates to: 68 (i) advocating the general interests of members in wages, benefits, or terms and 69 conditions of employment; 70 (ii) enforcing the labor organization's internal policies and procedures; 71 (iii) fulfilling the labor organization's obligations; 72 (iv) advancing the labor organization's external relations; or 73 (v) union organizing. 74 (b) "Union activity" does not include: 75 (i) advocating for a public employee in a specific employment dispute; or 76 (ii) performing a public employer's internal functions, such as human resources or 77 legal services, whether performed directly by the public employer or through a 78 third-party contractor that is not an employee association or union. 79 (10) "Union dues" means dues, fees, assessments, or other money required as a condition of 80 membership or participation in a labor organization. 81 (11) "Union organizing" means communicating with a public employee in an effort to 82 persuade the public employee to join or support a labor organization. 83 Section 2. Section 34-34-16 is amended to read: 84 34-34-16 . Right to bargain collectively not denied. 85 Nothing in this chapter shall be construed to deny the right of private employees to 86 bargain collectively with their employer by and through labor unions, labor organizations or 87 any other type of associations. 88 Section 3. Effective Date. 89 (1) Except as provided in Subsection (2), this bill takes effect on the same date as H.B. 267, 90 Public Sector Labor Union Amendments. 91 (2) If H.B. 267, Public Sector Labor Union Amendments, does not go into effect, S.B. 327, 92 Public Sector Labor Organization Amendments, does not go into effect. 93 Section 4. Coordinating S.B. 327 with H.B. 267. 94 If S.B. 327, Public Sector Labor Organization Amendments, and H.B. 267, Public 95 Sector Labor Union Amendments, both pass and become law, the Legislature intends that, on - 3 - S.B. 327 Enrolled Copy 96 the effective date of S.B. 327, the repeal and reenactment of Section 34-32-101 in S.B. 327 97 supersede the amendments to Section 34-32-101 (renumbered from Section 34-32-1) in H.B. 98 267. - 4 -