Utah Code 17B-2a-813. Rights, benefits, and protective conditions for employees of a public transit district — Strike prohibited — Employees of an acquired transit system
17B-2a-813. Rights, benefits, and protective conditions for employees of a public transit district — Strike prohibited — Employees of an acquired transit system.
(1)
As used in this section:
Terms Used In Utah Code 17B-2a-813
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Confidential employee: means a person who, in the regular course of the person's duties:
(a)
assists in and acts in a confidential capacity in relation to other persons who formulate, determine, and effectuate management policies regarding labor relations; or
(b)
has authorized access to information relating to effectuating or reviewing the employer's collective bargaining policies. See Utah Code 17B-2a-802
Contract: A legal written agreement that becomes binding when signed.
Managerial employee: means a person who is:
(a)
engaged in executive and management functions; and
(b)
charged with the responsibility of directing, overseeing, or implementing the effectuation of management policies and practices. See Utah Code 17B-2a-802
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
Supervisor: means a person who has authority, in the interest of the employer, to:
(i)
hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or
(ii)
adjust another employee's grievance or recommend action to adjust another employee's grievance. See Utah Code 17B-2a-802
(a)
(i)
“Employee” means an individual employed by an employer.
(ii)
“Employee” does not include a person employed as a supervisor, managerial employee, or confidential employee.
(b)
“Employer” means a person that employs an employee.
(2)
The rights, benefits, and other employee protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. § 5333(b), as determined by the Secretary of Labor, apply to a public transit district‘s establishment and operation of a public transit service or system.
(3)
(a)
Employees of a public transit system established and operated by a public transit district have the right to:
(i)
self-organization;
(ii)
form, join, or assist labor organizations; and
(iii)
bargain collectively through representatives of their own choosing.
(b)
Employees of a public transit district and labor organizations may not join in a strike against the public transit system operated by the public transit district.
(c)
Each public transit district shall:
(i)
recognize and bargain exclusively with any labor organization representing a majority of the district’s employees in an appropriate unit with respect to wages, salaries, hours, working conditions, and welfare, pension, and retirement provisions; and
(ii)
upon reaching agreement with the labor organization, enter into and execute a written contract incorporating the agreement.
(4)
If a public transit district acquires an existing public transit system:
(a)
all employees of the acquired system who are necessary for the operation of the acquired system, except executive and administrative officers and employees, shall be:
(i)
transferred to and appointed employees of the acquiring public transit district; and
(ii)
given sick leave, seniority, vacation, and pension or retirement credits in accordance with the acquired system’s records;
(b)
members and beneficiaries of a pension or retirement plan or other program of benefits that the acquired system has established shall continue to have rights, privileges, benefits, obligations, and status with respect to that established plan or program; and
(c)
the public transit district may establish, amend, or modify, by agreement with employees or their authorized representatives, the terms, conditions, and provisions of a pension or retirement plan or of an amendment or modification of a pension or retirement plan.
(5)
A pension administrator for a retirement plan sponsored by a public transit district or a person designated by the administrator shall maintain retirement records in accordance with Subsection 49-11-618(2).
