Utah lawmakers in a bill draft Wednesday restored a proposed ban on collective bargaining rights for public employees, backtracking after days of negotiations with public sector unions who were hoping to reach a comprise with legislators.
Lawmakers in an earlier revision had removed an outright ban on collective bargaining, though the updated bill draft at that time still would have required public sector unions to undergo a “recertification election” every five years.
But after failing to reach a “consensus” on the “neutrality” of the revised bill draft with union representatives, lawmakers in their latest proposal this week reverted to the original intent of HB267— prohibiting collective bargaining altogether across all government-owned organizations, including public schools, law enforcement and fire departments.
Specifically, it would bar public employers from “recognizing a labor organization as a bargaining agent” and from entering into collective bargaining contracts.
“We were getting indications that some of these groups were coming together, and that there was going to be this consensus of neutrality, and that just hasn’t crystallized,” the bill’s Senate co-sponsor, Sen. Kirk Cullimore, R-Cottonwood Heights, said Wednesday.
“If there’s not going to be consensus,” Cullimore continued, “then let’s just run it on its face. And I guess whatever happens, happens.”
“It’s retaliation,“ Brad Asay, president of the American Federation of Teachers Utah, said of the move Wednesday. The organization along with others including the Utah AFL-CIO have been working with lawmakers to modify the bill.
Asay said several unions refused to go neutral on the proposed substitute, which “upset” lawmakers.
“They’re not listening to the constituents,” Asay said of state legislators.
The earlier version of the bill draft that would have allowed collected bargaining but required a routine recertification process was released last Friday, just an hour and a half before senators were set to discuss it. Ultimately, senators delayed action to allow union representatives more time to review the changes.
A third revision followed Sunday morning, making only minor technical adjustments, lawmakers said, with no significant departures from the Friday version.
After the Friday draft’s release, Jeff Worthington, president of the Utah AFL-CIO, said he met with unions over the weekend to gauge their reactions to the revision. Worthington said his organization represents 41 public and private sector unions across the state.
“The majority of them said that they were opposed,” Worthington said. “They wanted to take an opposition. So, I had to, because I’m their leader, and I am listening to my constituents and to my members.”
(Bethany Baker | The Salt Lake Tribune) A Utah Education Association member holds up a sign against HB267 during a news conference after lawmakers postponed action on the bill to allow union representatives to review changes at the Capitol in Salt Lake City Friday, Jan. 31, 2025.
During a media briefing Monday, lawmakers hinted that reverting to the original bill was a possibility, citing “mixed messaging” from unions.
“I’m hearing from some [colleagues] support for the original bill,” Senate President Stuart Adams, R-Layton, said Monday.
Asay blamed lawmakers for the apparent backtrack.
“They’re basically upset because we listened to our constituents,” Asay said Wednesday. “We didn’t renege on a deal at all. We did not do that.”
HB267 has sparked dramatic public backlash from many, who have argued that nullifying public sector employee unions’ collective bargaining rights would hurt workers and compromise essential public services.
Despite thousands of calls and emails that lawmakers received in opposition to the bill, legislators up until Friday morning had continued to advance the measure.
Lawmakers said Wednesday they aren’t sure when they’ll hear the bill next but are considering data from other states, including North Carolina and South Carolina, which have implemented similar legislation eliminating collective bargaining in the public sector.
