SB 249

02-04 08:28  S.B. 249
1Public Employee Negotiation Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                   Chief Sponsor: David P. Hinkins
                                              House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses collective bargaining for public employees.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ establishes the Labor Relations Board (board);
10▸ describes the composition and duties of the board;
11▸ describes the entities the board may employ;
12▸ establishes the board's rulemaking authority;
13▸ authorizes the board to subpoena witnesses and administer oaths;
14▸ establishes who may serve as counsel for public employers and the board;
15▸ creates protections for public employees regarding self-organization;
16▸ allows a public employer to deduct an employee's dues for a collective bargaining unit
17   from an employee's pay;
18▸ requires that labor organizations represent employees without discrimination;
19▸ requires that the board investigate a petition on a representation question under certain
20   circumstances;
21▸ establishes criteria and the function of a representation election at the direction of the
22   board;
23▸ establishes who may represent a public employer in collective bargaining;
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24▸ establishes management rights of a public employer;
25▸ establishes a duty to bargain collectively for both the public employer and an exclusive
26   representative;
27▸ describes what a collective bargaining agreement shall contain;
28▸ permits and describes the mediation of disputes relating to collective bargaining;
29▸ describes how to initiate fact finding relating to a dispute regarding collective bargaining;
30▸ establishes fact finding proceedings in a dispute related to collective bargaining;
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31     ▸ allows arbitration for a dispute resulting from collective bargaining;
32     ▸ requires the board to establish an education course for fact finders and arbitrators;
33     ▸ describes an unfair labor practice of a public employer;
34     ▸ establishes the process by which an unfair labor practice is investigated and resolved;
35     ▸ establishes a hearing process for an unfair labor practice complaint hearing;
36     ▸ describes the process of the court enforcement and review of a board order;
37     ▸ prohibits police officers from engaging in strikes;
38     ▸ establishes criteria for mediation of a dispute under certain circumstances; and
39     ▸ establishes the criteria for arbitration under certain circumstances.
40  Money Appropriated in this Bill:
41     None
42  Other Special Clauses:
43     None
44  Utah Code Sections Affected:
45  ENACTS:
46     34-20-15, Utah Code Annotated 1953
47     34-20-16, Utah Code Annotated 1953
48     34-20b-101, Utah Code Annotated 1953
49     34-20b-102, Utah Code Annotated 1953
50     34-20b-103, Utah Code Annotated 1953
51     34-20b-104, Utah Code Annotated 1953
52     34-20b-105, Utah Code Annotated 1953
53     34-20b-106, Utah Code Annotated 1953
54     34-20b-107, Utah Code Annotated 1953
55     34-20b-108, Utah Code Annotated 1953
56     34-20b-109, Utah Code Annotated 1953
57     34-20b-110, Utah Code Annotated 1953
58     34-20b-111, Utah Code Annotated 1953
59     34-20b-112, Utah Code Annotated 1953
60     34-20b-113, Utah Code Annotated 1953
61     34-20b-114, Utah Code Annotated 1953
62     34-20b-115, Utah Code Annotated 1953
63     34-20b-116, Utah Code Annotated 1953
64     34-20b-117, Utah Code Annotated 1953
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6534-20b-118, Utah Code Annotated 1953
6634-20b-119, Utah Code Annotated 1953
6734-20b-120, Utah Code Annotated 1953
6834-20b-121, Utah Code Annotated 1953
6934-20b-122, Utah Code Annotated 1953
7034-20b-123, Utah Code Annotated 1953
7134-20b-124, Utah Code Annotated 1953
7234-20b-125, Utah Code Annotated 1953
7334-20b-126, Utah Code Annotated 1953
74
75   Be it enacted by the Legislature of the state of Utah:
76Section 1. Section 34-20-15 is enacted to read:
7734-20-15 . Labor Relations Board.
78   (1)(a) There is created the Labor Relations Board consisting of the following members:
79(i) the commissioner of the Labor Commission; and
80(ii) subject to Subsection (1)(b), four members appointed by the governor with the
81advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2,
82Vacancies.
83(b) The governor's appointees shall include:
84(i) two representatives of employers who the governor shall select from a list of
85nominations by organizations that advocate for employers; and
86(ii) two representatives of employees who the governor shall select from a list of
87nominations by labor organizations.
88(c) The governor may remove, at any time, a member appointed under Subsection (1)(b)
89for:
90(i) inefficiency;
91(ii) neglect of duty; or
92(iii) malfeasance or malfeasance in office.
93(d)(i) The governor and the Senate shall fill a vacancy in a position appointed under
94Subsection (1)(b) in the same manner as the member creating the vacancy was
95appointed.
96(ii) The individual appointed to fill the vacant position shall serve the unexpired term.
97   (2)(a) Except as provided in Subsection (2)(b), the governor shall appoint each new
98member or reappointed member for a four-year term.
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99      (b) The governor shall adjust, at the time of appointment or reappointment, the length of
100terms to ensure that the terms of appointed members are staggered so that the
101governor appoints or reappoints one member from Subsections (1)(b)(i) and (1)(b)(ii)
102every two years.
103  (3) The commissioner of the Labor Commission shall serve as chair of the Labor Relations
104      Board.
105  (4) A member of the board appointed under Subsection (1)(b) may not hold an elected
106      office in the government of the United States, this state or any other state, or of any
107      county government or municipal corporation within a state.
108  (5) A member appointed under Subsection (1)(b) may not receive compensation or benefits
109      for the member's service, but may receive per diem and travel expenses in accordance
110      with:
111      (a) Section 63A-3-106;
112      (b) Section 63A-3-107; and
113      (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
11463A-3-107.
115  (6) A meeting of the Labor Relations Board may be called:
116      (a) by the chair; or
117      (b) unanimously by the members appointed under Subsection (1)(b).
118  (7) The chair may provide staff and administrative support as necessary from the Labor
119      Commission.
120  (8) A vacancy on the Labor Relations Board does not impair the right of the remaining
121      members to exercise all the powers of the Labor Relations Board.
122  (9) Two members of the Labor Relations Board constitute a quorum.
123  (10) A member of the Labor Relations Board shall comply with the conflict of interest
124      provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
125Section 2. Section 34-20-16 is enacted to read:
12634-20-16 . Labor Relations Board -- Employees -- Agencies -- Expenses.
127  (1) As used in this section, "board" means the Labor Relations Board established in Section
128      34-20-15.
129  (2) The board may employ an executive secretary, attorneys, examiners, and other
130      employees the board deems necessary for the proper performance of the board's duties.
131  (3) As needed to carry out the board's duties, the board may:
132      (a) establish or utilize regional, local, or other agencies; and
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133(b) use voluntary and uncompensated services.
134   (4) At the direction of the board, an attorney employed under this section may appear for
135and represent the board in any case in court.
136   (5) Nothing in this chapter authorizes the board to employ individuals for the purpose of
137conciliation or mediation if the board may obtain substantially similar service from the
138Labor Commission.
139   (6) The board shall pay the expenses, including necessary travel expenses, incurred by the
140members of the board or employees of the board upon presentation of itemized receipts
141approved by the board.
142Section 3. Section 34-20b-101 is enacted to read:
143CHAPTER 20b. Utah Public Employees Negotiations Act
14434-20b-101 . Definitions.
145      As used in this chapter:
146   (1) "Appropriate unit" means a group of public employees banded together for collective
147bargaining purposes as designated by the board.
148   (2) "Board" means the Labor Relations Board established in Section 34-20-15.
149   (3) "Confidential employee" means an individual:
150(a) who the board finds is a confidential labor relations employee; and
151(b) who is employed in government service and acts with discretionary authority in the
152creation or revision of state classification specifications.
153   (4) "Exclusive representative" means the labor organization that:
154(a) the board designates as the representative of public employees in an appropriate unit;
155or
156(b) the public employer formally recognizes.
157   (5) "Labor dispute" means a controversy, between an employer and the majority of the
158employer's employees in an appropriate unit, concerning:
159(a) the right, process, or details of collective bargaining; or
160(b) the designation of a representative.
161   (6) "Labor organization" means an organization, agency, or employee representation
162committee or plan:
163(a) in which a public employee participates; and
164(b) that exists for the purpose, in whole or in part, of dealing with an employer
165concerning:
166(i) grievances;
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167(ii) labor disputes;
168(iii) rates of pay;
169(iv) hours of employment; or
170(v) conditions of work.
171  (7) "Management official" means a representative of management with authority to act for a
172      state agency on any matters relating to the implementation of agency policy.
173  (8)(a) "Public employee" means:
174(i) an individual currently employed by a public employer in any capacity; and
175(ii) an individual that is no longer employed by a public employer because of or in
176connection with an unfair labor practice or concerted employee action.
177      (b) "Public employee" does not include:
178(i) a fire fighter, as that term is defined in Section 34-20a-2;
179(ii) an elected official;
180(iii) a person directly appointed by the governor;
181(iv) a supervisory employee;
182(v) a management official;
183(vi) a confidential employee;
184(vii) an appointed member of a state board or commission who does not receive
185compensation;
186(viii) a school administrator; or
187(ix) an intern.
188  (9)(a) "Public employer" means:
189(i) a state agency, department, division, bureau, board, commission, council,
190authority, educational institution, or any other body in the executive branch of
191state government;
192(ii) the legislative branch of state government;
193(iii) the judicial branch of state government;
194(iv) a county, city, town, regional governing body, council, school district, special
195district, special service district, municipal corporation, board, department,
196commission, or council; or
197(v) any other body created by state or local authority.
198      (b) "Public employer" does not include an organization that has entered into a labor
199agreement or labor protective agreement under the Urban Mass Transportation Act,
20049 U.S.C. Sec. 5333(b).
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201   (10) "Supervisory employee" means an individual with the authority:
202(a) on a regular, recurring basis while acting in the interest of the employer to hire,
203transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline
204other employees; or
205(b) to recommend the actions described in Subsection (10)(a) if the recommendation is
206not routine or clerical in nature and requires the use of independent judgment.
207Section 4. Section 34-20b-102 is enacted to read:
20834-20b-102 . Legislative authority -- Rulemaking authority.
209   (1) This chapter does not limit the authority of the Legislature, any political subdivision, or
210the legislative body of a public employer to appropriate for salary and wages, hours,
211fringe benefits, and other conditions of employment.
212   (2) The board shall adopt, amend, or rescind any rules the board considers necessary to
213carry out the provisions of this chapter.
214Section 5. Section 34-20b-103 is enacted to read:
21534-20b-103 . Administrative Procedures Act applicable -- Conduct of hearing.
216   (1) The board shall conduct a hearing or appeal under this chapter in accordance with the
217appropriate provisions of Title 63G, Chapter 4, Administrative Procedures Act.
218   (2) The board, with the consent of all necessary parties, may conduct a hearing or appeal
219under this chapter by telephone or video conference.
220Section 6. Section 34-20b-104 is enacted to read:
22134-20b-104 . Board authorized to subpoena witnesses and administer oaths --
222   Counsel for parties to litigation.
223   (1) The board may subpoena witnesses and administer oaths and affirmations to accomplish
224the objectives and carry out the duties required by this chapter.
225   (2) If a person neglects or refuses to obey a subpoena issued in accordance with Subsection
226(1), a court with jurisdiction may issue an order requiring that person to appear before
227the board or an agent of the board to produce evidence or give testimony regarding the
228matter under investigation.
229   (3) The board may issue a subpoena, notice of hearing or other process, or notice of the
230board issued in accordance with this chapter by:
231(a) sending the subpoena, notice of hearing, or other process or notice of the board
232through United States mail; or
233(b) if the parties agree, electronic mail.
234   (4) In an action brought under this chapter in a court of this state:
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235      (a) the attorney general or attorney of a political subdivision shall represent the public
236employer; and
237      (b) counsel hired to represent the board for purposes of the action shall represent the
238board.
239Section 7. Section 34-20b-105 is enacted to read:
24034-20b-105 . Existing collective bargaining agreements not affected.
241      Nothing in this chapter revokes an established collective bargaining agreement that is
242  recognized or in existence before May 7, 2025.
243Section 8. Section 34-20b-106 is enacted to read:
24434-20b-106 . Public employees protected in right of self-organization.
245      Public employees are protected from interference, restraint, or coercion in the exercise
246  of the right:
247  (1) to self-organize;
248  (2) to form, join, or assist any labor organization;
249  (3) to bargain collectively through representatives of the public employees' choosing on
250      questions of:
251      (a) wages;
252      (b) hours;
253      (c) fringe benefits; and
254      (d) other conditions of employment; and
255  (4) to engage in other concerted activities for the purpose of collective bargaining or other
256      mutual aid or protection.
257Section 9. Section 34-20b-107 is enacted to read:
25834-20b-107 . Board to determine appropriate unit -- Factors to be considered.
259  (1) To ensure public employees the rights described in Section 34-20b-106, the board or an
260      agent of the board shall:
261      (a) decide the appropriate unit for the purpose of collective bargaining; and
262      (b) when deciding the appropriate unit in accordance with Subsection (1)(a), consider
263the following factors:
264(i) communities of interest;
265(ii) wages;
266(iii) hours;
267(iv) fringe benefits;
268(v) other working conditions of the employees involved;
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269(vi) common supervision;
270(vii) common personnel policies;
271(viii) extent of integration of work functions and interchange among public
272employees affected; and
273(ix) the desires of the public employees.
274   (2) If a state agency or facility of a state agency is reorganized to the extent that the
275reorganization results in substantial changes to the factors listed in Subsection (1), the
276public employer representative may petition the board to make a new decision of the
277appropriate unit for the purpose of collective bargaining.
278   (3) If the board makes a new decision of an appropriate unit as described in Subsection (2),
279the board shall consider the consequences of the reorganization on each position in the
280affected state agency or facility.
281   (4) Unless the board receives a petition to consider a collective bargaining unit that the
282board did not designate as an appropriate unit before the reorganization described in
283Subsection (2), the board may not choose a labor organization that the board did not
284designate to represent employees of the affected state agency or facility at the time the
285reorganization became effective.
286Section 10. Section 34-20b-108 is enacted to read:
28734-20b-108 . Deduction of dues from employee's pay.
288      Upon written authorization of any public employee within a collective bargaining unit, a
289   public employer shall:
290   (1) deduct from the public employee's pay the employee's monthly dues as certified by the
291secretary of the exclusive representative; and
292   (2) deliver the dues to the treasurer of the exclusive representative.
293Section 11. Section 34-20b-109 is enacted to read:
29434-20b-109 . Designated labor organizations to represent employees without
295   discrimination -- Rights and safeguards guaranteed.
296   (1) A labor organization designated in accordance with the provisions of this chapter shall
297represent the interests of all public employees in the collective bargaining unit without
298discrimination for the purpose of collective bargaining with respect to:
299(a) rates of pay;
300(b) hours;
301(c) fringe benefits; and
302(d) other conditions of employment.
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303  (2) The board shall extend or continue designation or recognition as an exclusive
304      representative to a labor organization if the labor organization's:
305      (a) written bylaws provide for and guarantee the rights and safeguards described in
306Subsection (3); and
307      (b) practices conform to the rights and safeguards described in Subsection (3).
308  (3) The rights and safeguards of a public employee represented by a labor organization are:
309      (a) democratic organization and procedures;
310      (b) elections conducted in accordance with adequate standards established by the board;
311      (c) controls for the regulation of officers and agents that have a fiduciary duty to the
312organization; and
313      (d) sound accounting and fiscal controls, including annual audits.
314  (4) The board shall hear and make a determination for any dispute arising from a
315      determination made in accordance with Subsection (2).
316Section 12. Section 34-20b-110 is enacted to read:
31734-20b-110 . Petition on representation question -- Investigation by board --
318  Hearing.
319  (1) The board or an agent of the board shall:
320      (a) investigate a petition described in Section 34-20b-107; and
321      (b) if the board or agent of the board has reasonable cause to believe that a question of
322representation exists, provide, in accordance with a rule made by the board, for an
323appropriate hearing upon notice that a petition has been filed:
324(i) by an employee or group of employees or any labor organization acting on behalf
325of the employee or group of employees alleging that at least 30% of the
326employees:
327(A) wish to be represented for collective bargaining by a labor organization as the
328employees' exclusive representation; or
329(B) assert that the labor organization that the board designated as the exclusive
330representative or the public employer currently recognizes as the bargaining
331representative is no longer the representative of the majority of employees in
332the unit; or
333(ii) by the public employer alleging that one or more labor organizations have
334presented to the public employer a claim to be recognized as the exclusive
335representative in an appropriate unit.
336  (2) In the hearing described in Subsection (1)(b), the board is not bound by common law,
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337the Utah Rules of Evidence, nor the Federal Rules of Evidence.
338Section 13. Section 34-20b-111 is enacted to read:
33934-20b-111 . Representation election at direction of the board.
340   (1) If the board or an agent of the board, in the hearing described in Section 34-20b-110,
341finds that a question of representation exists, the board or an agent of the board shall
342hold an election by secret ballot where the employees involved in the hearing may
343decide:
344(a) whether the employees desire that a labor organization represent the employees; and
345(b) if, in accordance with Subsection (1)(a), the employees desire that a labor
346organization represent the employees, which labor organization the employees want
347to represent the employees.
348   (2) The board or an agent of the board shall certify the results of the election described in
349Subsection (1).
350   (3) For a labor organization to appear on the ballot in the election described in Subsection
351(1), at least 10% of employees in the appropriate unit shall indicate to the board that the
352labor organization is the employees' choice of labor organization before the election
353occurs.
354   (4) The board or an agent of the board shall:
355(a) determine the eligibility to vote in the election described in Subsection (1); and
356(b) establish rules governing the election described in Subsection (1).
357   (5)(a) The board or an agent of the board shall conduct a runoff election if no choice for
358a representative on the ballot in the election described in Subsection (1) receives a
359majority of the votes cast.
360(b) In the runoff election described in Subsection (5)(a), the board or an agent of the
361board shall place on the ballot the two choices that received the highest amount of
362votes in the election described in Subsection (1).
363   (6) The board or agent of the board shall certify a labor organization that receives the
364majority of the votes in an election or a runoff election as the exclusive representative.
365   (7) Nothing in this section or Section 34-20b-110 prohibits the waiving of hearings by
366stipulation for the purpose of a consent election in conformity with the rules of the board.
367   (8) An election conducted under this section may not occur within a bargaining unit or any
368subdivision of the bargaining unit if the bargaining unit or the subdivision of the
369bargaining unit has held a valid election within the previous 12 months.
370Section 14. Section 34-20b-112 is enacted to read:
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37134-20b-112 . Representative of public employer.
372     The governor of the state, the governing body of a political subdivision, the
373  commissioner of higher education, or the designated authorized representative shall represent
374  the public employer in collective bargaining with an exclusive representative.
375Section 15. Section 34-20b-113 is enacted to read:
37634-20b-113 . Management rights of public employers.
377     Public employees and the public employees' representatives shall recognize the
378  prerogative of a public employer to operate and manage the public employer's affairs in areas
379  that involve:
380  (1) directing an employee;
381  (2) hiring, promoting, transferring, assigning, and retaining an employee; and
382  (3) relieving an employee from duties due to:
383      (a) lack of work or funds; or
384      (b) conditions where continuation of the employee's work would be inefficient and
385nonproductive.
386Section 16. Section 34-20b-114 is enacted to read:
38734-20b-114 . Duty to bargain collectively -- Good faith requirement.
388  (1) The public employer and the exclusive representative, through an appropriate official or
389      the appropriate official's representative, have the authority and the duty to bargain
390      collectively in good faith as described in Subsection (2).
391  (2) For purposes of this chapter, collective bargaining occurs when a public employer or the
392      public employer's representative and the representative of the exclusive representative:
393      (a) meet at reasonable times and negotiate in good faith with respect to:
394(i) wages;
395(ii) hours;
396(iii) fringe benefits; and
397(iv) other conditions of employment; or
398      (b) negotiate, in good faith, an agreement or any question that arises under the
399agreement and execute a written contract incorporating the negotiated agreement.
400  (3) Nothing in this section requires either party to a collective bargaining process to:
401      (a) agree to a proposal made by the other party; or
402      (b) make a concession.
403  (4)(a) When the state government is a party to collective bargaining, the parties may
404      meet the requirement of negotiating in good faith described in Subsection (2)(b) by
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405submitting a negotiated settlement to the Legislature in the executive budget or by a
406bill or joint resolution.
407(b) The failure of the parties to comply with Subsection (4)(a) does not constitute, by
408itself, prima facie evidence of a failure to negotiate in good faith.
409   (5) Nothing in this chapter requires a board of trustees to bargain collectively upon a matter
410other than a matter specified in Subsection (2).
411Section 17. Section 34-20b-115 is enacted to read:
41234-20b-115 . Collective bargaining agreement.
413   (1) A public employer and an exclusive representative, upon reaching an agreement in
414accordance with Section 34-20b-114, shall:
415(a) reduce the agreement to writing; and
416(b) sign the agreement.
417   (2) An agreement may contain a grievance procedure culminating in a final and binding
418arbitration of an unresolved grievance or a disputed interpretation of the agreement.
419   (3) The public employer and a labor organization shall ensure that an agreement between
420the public employer and a labor organization is valid and enforceable.
421Section 18. Section 34-20b-116 is enacted to read:
42234-20b-116 . Mediation of disputes -- Initiation of fact finding -- Designation of
423   fact finder.
424   (1) If, after a reasonable period of negotiation over the terms of an agreement or upon
425expiration of an existing collective bargaining agreement, a dispute concerning the
426collective bargaining agreement arises between the public employer and a labor
427organization, the parties shall request mediation.
428   (2) If, upon expiration of an existing collective bargaining agreement or 30 days following
429certification or recognition of an exclusive representative, a dispute concerning the
430collective bargaining agreement arises between the employer and the exclusive
431representative, either the employer or the exclusive representative may petition the board
432to initiate fact finding.
433   (3)(a) Within three days of receiving the petition described in Subsection (2), the board
434shall submit to the parties a list of five qualified, disinterested individuals from which
435the parties shall alternate in striking two names.
436(b) The remaining individual, after the process described in Subsection (3)(a), is the
437designated fact finder.
438   (4) The parties shall, within five days of receiving the list described in Subsection (3)(a):
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439      (a) complete the petition described in Subsection (2); and
440      (b) notify the board of the designated fact finder.
441  (5) If neither party makes a request for fact finding, before the expiration of the agreement
442      or 30 days following certification or recognition of an exclusive representative, the
443      board may initiate fact finding as provided in Subsection (2).
444Section 19. Section 34-20b-117 is enacted to read:
44534-20b-117 . Fact finding proceedings.
446  (1) As used in this section, "fact finder" means the individual designated to conduct fact
447      finding under Section 34-20b-116.
448  (2) The fact finder shall, immediately after the parties designate the individual as a fact
449      finder, establish the dates and places of hearings.
450  (3) For the hearings described in Subsection (2):
451      (a) the public employer and exclusive representative are the only proper parties to a
452hearing;
453      (b) upon request of either the public employer or the exclusive representative, the board
454shall issue a subpoena for a hearing conducted by the fact finder; and
455      (c) the fact finder may administer oaths.
456  (4) Upon completion of the hearings described in Subsection (2), but no later than 20 days
457      from the day on which the fact finder is designated as a fact finder, the fact finder shall:
458      (a) make written findings of facts and recommendations for resolution of the dispute; and
459      (b) serve the findings on the public employer and exclusive representative.
460  (5) The fact finder may make the written findings described in Subsection (4)(a) public five
461      days after the day on which the fact finder submits the findings to the public employer
462      and exclusive representative.
463  (6) If the public employer and exclusive representative do not resolve the dispute within 15
464      days after the day on which the fact finder submits the report to the parties, the fact
465      finder shall make the report public.
466  (7)(a) When a party to a dispute initiates fact finding proceedings, all parties to a fact
467      finding dispute shall equally bear the cost of the fact finding proceedings.
468      (b) When the board initiates fact finding proceedings, the board and the parties shall
469equally bear the cost of the fact finding proceedings.
470  (8) Nothing in this chapter prohibits a fact finder from mediating a dispute in which the fact
471      finder is appointed.
472Section 20. Section 34-20b-118 is enacted to read:
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47334-20b-118 . Arbitration not prohibited.
474   (1) Nothing in this chapter prohibits a public employer and exclusive representative from
475agreeing to submit a dispute to a final and binding arbitration.
476   (2) If a public employer and exclusive representative agree to submit a dispute to
477arbitration, the arbitration agreement supersedes the fact finding provisions described in
478Sections 34-20b-116 and 34-20b-117.
479   (3) An agreement to arbitrate and any award resulting from arbitration is enforceable in the
480same manner in which a collective bargaining agreement is enforceable under this
481chapter.
482Section 21. Section 34-20b-119 is enacted to read:
48334-20b-119 . Training of fact finders and arbitrators.
484   (1) The board shall establish an education course to train fact finders and arbitrators.
485   (2) An individual shall, before serving as a fact finder or an arbitrator under this chapter,
486successfully complete the education course described in Subsection (1).
487Section 22. Section 34-20b-120 is enacted to read:
48834-20b-120 . Unfair labor practices of public employer.
489   (1) It is an unfair labor practice for a public employer to:
490(a) interfere with, restrain, or coerce employees that are exercising the rights guaranteed
491in Section 34-20b-106;
492(b) dominate, interfere, or assist in the formation or administration of a labor
493organization;
494(c) discriminate in regard to hiring or offering tenure of employment, or any term or
495condition of employment, with the intent to encourage or discourage membership in a
496labor organization;
497(d) discharge or otherwise discriminate against an employee because the employee has:
498(i) signed or filed an affidavit, petition, or complaint; or
499(ii) given any information or testimony under this chapter; or
500(e) refuse to bargain collectively in good faith with an exclusive representative.
501   (2) Nothing in this section prohibits an employer from permitting employees to confer with
502the employer during working hours without loss of time or pay.
503   (3) The board has authority to remedy a violation of this section.
504Section 23. Section 34-20b-121 is enacted to read:
50534-20b-121 . Unfair labor practice complaint -- Investigation -- Notice of hearing
506   -- Service -- Answer.
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507  (1) When the board receives a complaint alleging that a person has engaged in or is
508      engaging in an unfair labor practice, the board shall:
509      (a) issue and serve a copy of the complaint on the party alleged to have engaged in an
510unfair labor practice; and
511      (b) provide the party an opportunity to respond to the allegations.
512  (2) After receiving the party's response to the allegations described in Subsection (1)(b), an
513      agent designated by the board shall investigate the alleged unfair labor practice.
514  (3)(a) If, after the investigation described in Subsection (2), the agent that the board
515      designates determines that the allegation has no probable merit, the board shall issue
516      and cause to be served on the complaining party and the opposing party indicated in
517      the allegation notice of the board's intention to dismiss the complaint.
518      (b) A dismissal by the board becomes a final order of the board unless either party
519requests a review of the decision to dismiss the complaint.
520      (c) A party making a request for review described in Subsection (3)(b) shall make the
521request within 10 days of receipt of the notice of intention to dismiss described in
522Subsection (3)(a).
523      (d) If a party requests a review, the board may uphold the board's decision to dismiss the
524complaint, or in accordance with Subsection (4), schedule a meeting on the merits of
525the complaint.
526      (e) If the board upholds the board's decision to dismiss the complaint, the dismissal
527becomes the final order of the board.
528  (4) If, after investigation or after the review described in Subsection (3), the board
529      determines probable merit exists for the allegation, the board shall issue and serve upon
530      the complaining party and the opposing party indicated in the allegation a notice of
531      hearing:
532      (a) that states:
533(i) whether the hearing is before the board, a member of the board, or before a
534designated agent of the board; and
535(ii) the time and place the hearing will occur; and
536      (b) at least five business days before the day on which the hearing will occur.
537  (5) If a hearing is to be held, the opposing party indicated in the allegation shall file an
538      answer to the complaint.
539  (6)(a) Each party to an unfair labor practice proceeding has the right to disqualify,
540      without cause, the hearing examiner designated by the board to hear the complaint.
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541(b) A party exercising the right under Subsection (6)(a):
542(i) may exercise the right only once; and
543(ii) shall exercise the right within five days from the day on which the board notifies
544the party of the hearing examiner the board designates to hear the matter.
545   (7) The complaining party may amend the complaining party's complaint at any time, if the
546opposing party indicated in the complaint is not unfairly prejudiced by the amendment.
547Section 24. Section 34-20b-122 is enacted to read:
54834-20b-122 . Hearing on unfair labor practice complaint -- Findings -- Order.
549   (1) As used in this section, "hearing" means a hearing initiated by a complaint in Section
55034-20b-121.
551   (2) In a hearing, both the complaining party and the opposing party indicated in the
552allegation shall:
553(a) be parties to the hearing; and
554(b) appear in person at the time and place described in the notice of hearing.
555   (3) In a hearing, the board is not bound by the Utah Rules of Evidence, nor the Federal
556Rules of Evidence.
557   (4) The board or the board's agent shall reduce to writing the testimony that the board or the
558board's agent takes to file and maintain that testimony.
559   (5) If, upon preponderance of the testimony taken, the board determines that a person
560named in the complaint has engaged in or is engaging in an unfair labor practice, the
561board shall:
562(a) state the board's findings of fact; and
563(b) issue and cause to be served on the person an order that the person:
564(i) cease and desist from the unfair labor practice; and
565(ii) take action, including reinstatement of employees with or without backpay, that
566will effectuate the policies of this chapter.
567   (6) The order described in Subsection (5)(b):
568(a) may further require the person that has engaged in or is engaging in an unfair labor
569practice to make reports showing the extent to which the person has complied with
570the chapter; and
571(b) may not require the reinstatement of an individual as an employee if the individual
572has engaged in or is engaging in an unfair labor practice or was suspended or
573discharged for cause.
574   (7) If, upon preponderance of the testimony taken, the board determines that a person
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575      named in the complaint has not engaged in or is not engaging in an unfair labor practice,
576      the board shall:
577      (a) state the board's findings of fact; and
578      (b) issue an order dismissing the complaint.
579  (8) If the evidence is presented before a member of the board or before an examiner
580      designated by the board to hear a complaint, the member of the board or the examiner
581      shall:
582      (a) issue and cause to be served on the parties to the proceeding a proposed decision and
583a recommended order; and
584      (b) file the proposed decision and recommended order with the board within 20 days
585after the day on which the member of the board or examiner serves the proposed
586decision and recommended order on the parties.
587  (9) If no party objects to the proposed decision and recommended order described in
588      Subsection (8), the recommended order becomes the final decision of the board.
589  (10)(a) The board or the complaining party shall file a record of the hearing and the
590      board's order in a court with jurisdiction.
591      (b) Until the board or the complaining party files a record of a proceeding in a court with
592jurisdiction, the board may, at any time, upon reasonable notice and in a manner the
593court determines proper, modify or set aside, in whole or in part, any finding or order
594made or issued by the board.
595Section 25. Section 34-20b-123 is enacted to read:
59634-20b-123 . Court enforcement and review of board order.
597  (1) As used in this section, "board order" means an order issued in accordance with Section
598      34-20b-122.
599  (2) The board or a complaining party may petition for the enforcement of a board order and
600      for appropriate injunctive relief.
601  (3) The court shall, within 20 days from the day on which the board or complaining party
602      files a petition in accordance with Subsection (2), serve the opposing party named in the
603      complaint a notice of hearing at least 20 days before the day on which the hearing will
604      occur.
605  (4) The court may not consider an objection that has not been previously raised or
606      considered before the board unless the failure to consider the objection resulted from
607      extraordinary circumstances.
608  (5) The court shall consider the findings of the board, if the findings are supported by
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609substantial evidence, as conclusive.
610   (6)(a) If either party petitions the court to present additional evidence and the court
611determines the additional evidence is material to the dispute and reasonable grounds
612existed for the failure to present the evidence at the hearing before the board, the
613court may order a party to present the additional evidence before the board and be
614part of the board's record.
615(b) The board may modify the board's findings as a result of the additional evidence that
616a party files as described in Subsection (6)(a) and, if the board modifies the board's
617findings, the board shall file the modified findings with a court with jurisdiction.
618   (7) After a hearing, the court shall issue the court's order granting relief the court
619determines proper, including modifying or setting aside, in whole or in part, the board
620order.
621   (8) The commencement of a proceeding under this section does not operate as a stay of the
622board order, unless a court orders otherwise.
623Section 26. Section 34-20b-124 is enacted to read:
62434-20b-124 . Strikes by police officers prohibited.
625   (1) As used in this section:
626(a) "Police officer" means a full-time, salaried member of any regularly constituted
627police department in any city, town, or county.
628(b)(i) "Strike" means a police officer taking an action listed in Subsection (1)(b), in
629concerted action with others, for the purpose of inducing, influencing, or coercing
630a change in the conditions of employment, compensation, rights, privileges, or
631obligations of employment.
632(ii) "Strike" includes:
633(A) refusal to report for duty;
634(B) willful absence from the police officer's position;
635(C) stoppage of work; or
636(D) departure from the full, faithful, or proper performance of duties of
637employment.
638   (2) For bargaining units that contain a police officer, each collective bargaining agreement
639shall contain a clause that prohibits police officers from engaging in a strike.
640Section 27. Section 34-20b-125 is enacted to read:
64134-20b-125 . Mediation of disputes -- Appointment of fact finder.
642   (1)(a) If, after 150 days of good faith negotiation over the terms of a collective
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643      bargaining agreement or 150 days after the day of certification or recognition of an
644      exclusive representative, the parties to a dispute have not signed an agreement, either
645      or both of the parties may notify the board of the status of the negotiations and the
646      need for a mediator.
647      (b) Notwithstanding Subsection (1)(a), the parties may request a mediator before the end
648of the 150-day period.
649      (c) The 150-day period described in Subsection (1)(a) begins when the parties meet for
650the first bargaining session and each party has received the other party's initial
651proposal.
652      (d) Upon notice from either or both of the parties, the board shall appoint a mediator and
653notify the parties of the appointment.
654  (2)(a) After 15 days of mediation, either party may declare an impasse.
655      (b) A mediator may declare an impasse at any time during the mediation process.
656      (c) The party or mediator declaring an impasse shall file a notification of impasse with
657the board.
658  (3)(a) Within seven days after the day on which a party or the mediator declares an
659      impasse, each party shall submit to the mediator a final written offer of the party,
660      including a cost summary of the offer.
661      (b) Within seven days after the day on which the mediator receives each final written
662offer, the mediator shall make public the final written offers, including any proposed
663contract language and each party's cost summary addressing the issues on which the
664parties failed to reach an agreement.
665      (c) The mediator, in making the final written offers public, shall title each proposed
666language "Final Offer."
667  (4) Within 30 days after the day on which the mediator makes the final written offers
668      public, the parties may agree to and jointly petition the board to appoint a fact finder in
669      accordance with Section 34-20b-116.
670  (5) If the parties do not reach an agreement within 30 days after the day on which the
671      mediator makes the final written offers public, or if the parties participated in fact
672      finding, within 30 days after the receipt of the fact finder's report, either party may
673      petition the board for binding arbitration.
674  (6) The petition described in Subsection (5) shall include a copy of each party's final written
675      offer.
676Section 28. Section 34-20b-126 is enacted to read:
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67734-20b-126 . Arbitration.
678   (1) After either party submits a petition for arbitration under Section 34-20b-125, the
679parties shall schedule arbitration no earlier than 30 days after the day on which either
680party submits the petition for arbitration.
681   (2)(a) After receipt of the petition for arbitration, the board shall submit a list of five
682qualified, disinterested, and unbiased individuals to the parties.
683(b) Upon receipt of the board's list, the parties shall alternate in striking a name from the
684list, with each party striking two names.
685(c) The parties shall determine the order of striking names by a coin toss.
686(d) The remaining name, after both parties strike two names, is the arbitrator.
687(e) If the parties have not designated the arbitrator and notified the board of the parties'
688choice within five days after the day on which the parties receive the list, the board
689shall appoint an arbitrator from the list.
690   (3)(a) Within 14 days before the day on which a hearing will occur, each party shall
691submit to the other party a written last best offer on all unresolved subjects.
692(b) A party, after submitting a last best offer to the other party, may not change the
693contents of the last best offer.
694   (4) The arbitrator:
695(a) shall:
696(i) set the date, time, and place of a hearing conducted under this section;
697(ii) decide the unresolved mandatory subjects contained in each party's last best offer;
698(iii) base findings and opinions on the following criteria:
699(A) the interest and welfare of the public;
700(B) the reasonable financial ability of the unit of government to meet the costs of
701the proposed contract, giving consideration and weight to the other services
702provided by the unit of government, as determined by the governing body of
703the unit of government;
704(C) the ability of the unit of government to attract and retain qualified personnel at
705the wage and benefit levels provided;
706(D) the overall compensation presently received by the public employee,
707including direct wage compensation, holiday pay, other paid excused time,
708insurance, and all other direct or indirect monetary benefits;
709(E) comparison of the overall compensation of other public employees in
710comparable communities with similar populations in this state;
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711(F) inflation;
712(G) the stipulations of the parties; and
713(H) other factors that are traditionally taken into consideration in the
714determination of wages, hours, and other terms and conditions of employment;
715and
716(iv) afford each party the opportunity to examine and cross-examine all witnesses and
717to present evidence relevant to the dispute; and
718      (b) may:
719(i) issue a subpoena related to the arbitration under this section; and
720(ii) administer oaths.
721  (5) Within 30 days after the day on which the hearings conclude, or an additional period
722      agreed upon by the parties, the arbitrator shall:
723      (a) select one of the last best offers submitted by the parties and make written findings
724and an opinion and order;
725      (b) serve the opinion and order on the parties and board by personal delivery or by
726certified mail; and
727      (c) base the opinion and order on the criteria described in Subsection (4)(a)(iii).
728  (6)(a) The opinion and order of the arbitrator are final and binding on the parties.
729      (b) The board shall issue an order containing the arbitrator's opinion and order.
730      (c) A party that fails to comply with the board's order described in this Subsection (6)
731commits an unfair labor practice.
732      (d) A party may enforce an order issued by the board under this Subsection (6) by
733bringing an action in a court with jurisdiction.
734Section 29. Effective Date.
735  This bill takes effect on May 6, 2026.
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