Utah lawmakers agreed Friday to postpone action on a promised rewrite of anti-public union bill HB267, which dropped about an hour and a half before senators were expected to discuss it. The delay was meant to give union representatives more time to review the changes.
The bill initially aimed to eliminate collective bargaining for Utah’s public sector employees. At about 9:30 a.m., a group of public union representatives waiting outside the Senate chamber first set eyes on the revised draft.
“We can’t tell you what is even good or bad about it, because we don’t even have the time to review it to be able to get [an] analysis,” Brad Asay, president of the American Federation of Teachers Utah, said early Friday. The organization, among others, has been pushing for lawmakers to change the bill.
Asay said at the time that he and others hoped Utah senators would agree to “circle” it — or temporarily postpone any action — so union representatives would have more adequate time to review it.
Lawmakers listened, agreeing to circle the bill a little after 11:30 a.m. Senators are now expected to address the bill draft Monday.
“We just want to ensure that everybody has an opportunity to look at it,” the bill’s Senate co-sponsor, Sen. Kirk Cullimore, R-Cottonwood Heights, said Friday.
As Cullimore had assured Thursday, the updated proposal seems to no longer outright prohibit collective bargaining for public employees, but it would still require a “recertification election every five years.”
That means that to engage in collective bargaining, all of a public agency’s employees, whether they are part of a union or not, would need to vote to “certify the collective bargaining representative.” At least 50% plus one would need to vote in favor.
Asay expressed concern early Friday that nonvoters could be counted as “no” votes instead of only tallying the votes of those who choose to participate. He added that was a point that union representatives have been pushing to change during negotiations, but lawmakers “wouldn’t budge.”
After the Senate hearing Friday, Cullimore confirmed that any failures to vote would be counted as “no votes.”
“We were maybe a little bit hopeful that [the substitute] would be out and circulated last night, so that we could get the buy-off from all the unions,” Cullimore told news organizations. “We just want to give everybody an opportunity to review it.”
Cullimore added that he didn’t want to speak for Gov. Spencer Cox, but from his perspective, should the measure reach Cox’s desk, Cullimore doesn’t have any reason to believe that Cox would veto it.
(Bethany Baker | The Salt Lake Tribune) Salt Lake City firefighters gather in the Senate gallery as lawmakers postpone action on HB267 at the Capitol in Salt Lake City Friday, Jan. 31, 2025.
(Bethany Baker | The Salt Lake Tribune) A union supporter holds a sign in support of public workers at the Capitol in Salt Lake City Friday, Jan. 31, 2025.
The revised draft shared Friday still keeps other provisions from the original bill, such as barring “new labor organization employees” from participating in Utah Retirement Systems and mandating that unions cover the cost of using public spaces for union activities.
Utah Senate Minority Leader Luz Escamilla, D-Salt Lake City, said Friday that Senate Democrats remain opposed to the measure.
Several Republican senators on Thursday said they cast initially “aye” votes with the caveat that their support was subject to change, depending on what, if any, significant substitutions may look like by the time the Senate expected to revisit the bill.
Senate floor time began at 11 a.m. Friday, with the decision to circle the bill coming about 35 minutes later.
Before doors opened, dozens of union members stood together outside the Senate gallery, collectively singing “Solidarity Forever.” People continued trying to get inside the gallery after doors closed, with law enforcement ultimately letting a group in at about 11:25 a.m.
(Bethany Baker | The Salt Lake Tribune) Utah Highway Patrol officers address union supporters banging on the Senate gallery doors before expected discussion of HB267 at the Capitol in Salt Lake City Friday, Jan. 31, 2025.
‘Fight is not over,’ says teachers union
(Bethany Baker | The Salt Lake Tribune) The Utah Education Association holds a press conference after lawmakers postponed action on HB267 at the Capitol in Salt Lake City Friday, Jan. 31, 2025.
Following the hearing, members of the Utah Education Association, the state’s largest teachers union, gathered outside the Capitol.
“The second substitution for HB267 was made public just this morning, and while we are still reviewing the details, one thing is already clear: The pressure worked,” UEA President Renée Pinkney said. “Lawmakers heard us. They heard you. And while this fight is not over, it’s a testament to what’s possible when public workers stand in solidarity.”
HB267 has sparked dramatic public backlash from many, who 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.
Several union representatives told The Salt Lake Tribune that the bill appeared directed at the UEA in particular.
(Bethany Baker | The Salt Lake Tribune) BreAnn Busboom, a Utah Education Association member, speaks during a press conference after lawmakers postponed action on HB267 at the Capitol in Salt Lake City Friday, Jan. 31, 2025.
The UEA has recently squared off with the state in court in two cases. In the first, the UEA argued in a May lawsuit that state’s $82 million “Utah Fits All” program is unconstitutional because it uses income tax dollars to fund vouchers meant to cover private school and homeschooling expenses. Third District Judge Laura Scott heard arguments in December but has not yet issued a ruling.
The second clash between the UEA and the state came in the form of a complaint tied to the UEA’s reasoning in its May lawsuit. In this case, the UEA asked a judge to throw out Amendment A, a ballot proposal that sought to change the constitutional guarantee that income tax revenue would fund public schools.
The judge ultimately ruled the ballot question void. That resolution followed the Utah Supreme Court’s ruling on Sept. 25 that upheld a lower court’s decision to void Amendment D, which would have given the Legislature the power to repeal citizen-passed ballot initiatives.
“Union members across industries stood together, and it made a difference,” Pinkney said. “As UEA takes time to analyze the changes to HB267 over the weekend, we remain committed to protecting public education and ensuring that our voices are never ignored.”
BreAnn Busboom, a teacher in the Davis School District and a UEA member, told The Salt Lake Tribune on Friday that while she hadn’t had a chance to review the substitute herself, she hopes that when senators plan to revisit the bill Monday, it’s one that strengthens teachers’ voices.
“Our biggest concern was the collective bargaining piece,” she said. “We want to make sure that we are able to represent teachers when it comes to talking about salaries and benefits, and other things that affect our classrooms every day.”