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Senate passes bill aligning transit bargaining law with federal standard; debate centers on grant risk

Utah State Senate · February 16, 2023
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Summary

The Senate approved House Bill 243 to align Utah law on public-transit collective bargaining with federal labor standards by excluding supervisors from bargaining. Opponents warned doing so could jeopardize federal grants for UTA; proponents said the change resolves a statutory conflict with federal law.

The Senate voted to pass House Bill 243, which amends Utah law governing public-transit employee collective bargaining to align with federal labor standards by excluding supervisors from bargaining units. Sponsor Sen. Mike McHale said the change reflects a conflict between Utah statute and federal law and was requested by UTA to ensure compliance.

Debate was robust. Sen. Bullen (recorded as reading a letter from the U.S. Department of Labor) raised a concern that the change might imperil federal funding for transit projects, citing a letter referring to potential impacts on grants (Sen. Bullen read figures that included a $224 million reference). Sen. McCall and others stressed the intent to bring state statute into conformance with federal rules; Sen. Kwan and Sen. Eby asked for clarifications about how the bill would treat currently organized supervisors and how a ‘‘supervisor’’ is defined in practice.

Sen. McHale said the bill defines supervisor duties (hire, transfer, suspend, layoff, recall, promote) rather than a percentage test and that the change is meant to avoid conflicts of interest. Opponents urged more specificity about transitional provisions so titles could not be reclassified to exclude bargaining rights; sponsors replied the bill's language intends to be clear about supervisory functions rather than titles.

After debate and multiple questions, the Senate passed the measure by roll call: 20 yeas, 9 nays, 0 absent as recorded on the floor. The president ordered the bill signed and transmitted back to the House for the Speaker's signature.