Utah House passes bill to stop collective bargaining for public unions
Bill sponsor hints at possible changes
The Utah House of Representatives on Monday advanced a bill that would ban collective bargaining for the state’s public sector unions, which represent teachers, firefighters and police officers.
But HB267, which passed after lengthy debate and a 42-32 vote, could be tweaked as it moves through the legislature.
The sponsor, Rep. Jordan Teuscher, R-South Jordan, acknowledged that most of the labor organizations he’s met with are opposed to the bill and he is working on “potential compromises” so groups like the Utah School Employees Association, the Professional Firefighters of Utah and Fraternal Order of Police take a more neutral stance.
The bill prohibits collective bargaining in the public sector, the process where a school district, city, county or other entity that deals with public employees meets with a union to negotiate a contract for those employees. The Salt Lake City police and fire departments, and several school districts around the state, are the only entities in Utah that actually engage in collective bargaining, Teuscher said.
The “fundamental problem” with that, Teuscher argued on the House floor on Monday, is that the only voice recognized is the union and its members.
“That voice is made up by a far minority of the employment base across the board, and so there are literally thousands of voices across our state that just don’t get heard as part of that negotiation process,” he said.
Unions could still meet with school districts, but the bill would “open up the table to any other group or individual teacher that chooses to be a part of that process, because it directly affects them.”
The bill, as Teuscher alluded to, has triggered an outpouring of opposition from the state’s labor groups, both public and private. As lawmakers spent nearly 40 minutes debating the bill on the House floor Monday, most reported having received many emails from teachers, firefighters and other public employees telling them to vote “no.”
In a news release, the Utah Education Association, which represents about 18,000 teachers and other school employees, said in one week it gathered 13,000 signatures opposing the legislation. The group accused Republicans who voted in favor of the bill of ignoring “these voices in favor of consolidating power and attacking public unions.”
“I have received thousands of emails in the last 72 hours opposing this bill, and I have spoken with many constituents who are also concerned with this bill,” said Rep. Hoang Nguyen, D-Salt Lake City. “My concern lies with our public servants who feel like this bill would take away their ability to collectively work as a body to negotiate better working conditions and wages for their group.”
The Republicans that spoke against the bill struck a similar tone. Rep. Ray Ward, R-Bountiful, said a union’s ability to collectively bargain offers teachers, firefighters, police officers and other public employees an alternative to the legislature for representation. And Rep. Douglas Welton, R-Payson, who is one of the legislature’s few active teachers, questioned whether the bill would actually lead to more teachers being represented, as Teuscher claimed.
“I understand that the union doesn’t represent all teachers. I understand their cares and their concerns. That being said, I worry that this will further remove their voice,” Welton said. “My phone has been overwhelmed by people who are speaking against this.”
But other Republican supporters argued that much of the opposition comes from people who haven’t actually read the bill.
“I too, like everyone here, have gotten many emails about what they like or what they don’t like, and most of them have opposed it,” said Rep. Walt Brooks, R-St. George. “I sent them the bill, and every one of them realized that their perception of what they’ve been told was not what the bill was actually doing.”
And, proponents of the bill argued, it will give all public employees a voice, not just union members.
“This bill is actually about consistency and fairness, and when we’re using taxpayer dollars, it’s important that we are being consistent and fair,” said Rep. Candice Pierucci, R-Herriman. “There is nothing stopping unions from still associating and still pulling together and coming to use their voice.”
Although the bill passed, 18 Republicans joined the House’s 14 Democrats to vote “no.”
Though the elimination of collective bargaining is the most controversial part, the bill proposes several other changes to public sector employees and unions.
It would restrict certain government resources from going toward union activity — that includes ensuring taxpayer funds won’t pay a public employee for the work they do for a union. And unions wouldn’t get special exemptions for using public resources, like property (if other groups or people have to pay to use a public room or space, so does the union).
People who are employed by a union, but aren’t actually employed by the entity the union represents — for instance, someone who works for a teachers union full time, but isn’t actually employed by the school district — would no longer have access to the Utah Retirement System.
And the bill would offer professional liability insurance for teachers, which in most cases is only currently offered through a union, Teuscher says. That would offer teachers “extra protection” for things like employment disputes, he said.
With the bill now moving on to a Senate committee, then the full Senate for consideration, lawmakers say there could be changes to the bill. Without elaborating, Senate President Stuart Adams, R-Layton, told reporters on Monday they’re “hearing amendments. It will be interesting to see how it comes to us.”
The Utah Education Association called the bill a “blatant power grab aimed at dismantling public unions and silencing the collective voice of educators who advocate tirelessly for Utah’s students and public schools.”
“We believe HB 267 represents a dangerous precedent that undermines the principles of democracy and the rights of public employees to organize and advocate for their professions. It attacks public educators who dedicate their lives to teaching Utah’s children, ultimately threatening the quality of public education across the state,” the group said in a statement.
Utah News Dispatch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.