If Gov. Cox vetoes labor union bill, a substitute could be brought forward

SALT LAKE CITY — Last week, the Utah Legislature passed a bill to ban public sector collective bargaining, but Gov. Spencer Cox still hasn't signed the bill.

A new option has surfaced if he decides to veto the legislation.

HB267 passed through the state Senate last Thursday, and since then, it has been sitting on Cox's desk waiting for him to sign or veto the bill. The governor has until next Wednesday to take action.

Sen. David Hinkins, R-Orangeville, originally introduced a bill that was in opposition to HB267, which was introduced by Rep. Jordan Teuscher, R-South Jordan. But because HB267 passed, it essentially killed SB168.

But if Cox decides to veto HB267, Hinkins said he will run a substitute of the bill that he earlier introduced. This substitute would take away the complete ban on collective bargaining, instead allowing it if a union had a majority of employees in favor of it.

HB267 became one of the most controversial bills of the session, with public union members regularly coming up to the Capitol to protest the legislation.

Hinkins said he was approached by the Utah Education Association and other groups asking him to run this substitute if the original bill doesn't pass. These unions feel that the substitute is a better option for them than a complete ban on collective bargaining.

Hinkins said he decided to run it because he doesn't believe that the version that passed is a fair bill. The senator says he also sees this as giving Cox another option.

"That gives him another choice. Right now, he's only got one choice, sign or don't sign, and so both people are sitting at a 50/50 chance," Hinkins said. "I mean, who knows what he's going to do?"

But Senate President Stuart Adams, R-Layton, said he thinks Hinkins' substitute bill is a nonstarter. Adams and the HB267's floor sponsor Sen. Kirk Cullimore, R-Draper, said they don't think anyone wants to pick this back up and move forward with the substitute.

"I think it would be tough to bring this up again and to address this again," said Cullimore. "For me, we landed in the right policy spot."

What would be changed with the substitute that Hinkins wants to run?

The bill that passed both chambers would prohibit public sector collective bargaining in Utah. Teuscher explained that collective bargaining is when an employer and a union come together to negotiate a contract for employees.

"In most of those collective bargaining agreements, it spells out specifically that the union representation is the sole collective bargaining agent, meaning that the public employer is not able to negotiate with anyone else other than union representatives," said Teuscher.

Under Hinkins' bill, if a labor organization has a majority of employees in a bargaining unit vote for them then they can engage in collective bargaining.

The substitute would allow a group of employees who want to engage in collective bargaining to hold a secret ballot election to contract with a collective bargaining representative. The election has to be done through a third party.

An organization needs a majority of all employees, not just union members, to vote in favor of them in order to engage in collective bargaining. In order for the organization to continue collective bargaining, an election needs to be held every five years.

A collective bargaining representative that does not receive a majority vote would have to wait 12 months before holding another election through a third party.

Sen. Jen Plumb, D-Salt Lake City, said she thinks running the substitute would help those in opposition to the bill feel heard.

"I think that the folks who aren't quite done being heard, or feeling like their voice hasn't been heard, are responding well to the possibility that they do get another opportunity," Plumb said.

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