17B-2a-813 - Rights, benefits, and protective conditions for employees of a public transit district -- Strike prohibited -- Employees of an acquired transit system. - Utah Statutes

17B-2a-813. Rights, benefits, and protective conditions for employees of a publictransit district -- Strike prohibited -- Employees of an acquired transit system.
(1) The rights, benefits, and other employee protective conditions and remedies ofSection 13(c) of the Urban Mass Transportation Act of 1964, 49 U.S.C. Sec. 5333(b), asdetermined by the Secretary of Labor, apply to a public transit district's establishment andoperation of a public transit service or system.
(2) (a) Employees of a public transit system established and operated by a public transitdistrict 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 strikeagainst 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 majorityof the district's employees in an appropriate unit with respect to wages, salaries, hours, workingconditions, and welfare, pension, and retirement provisions; and
(ii) upon reaching agreement with the labor organization, enter into and execute a writtencontract incorporating the agreement.
(3) 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 theacquired 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 accordancewith the acquired system's records;
(b) members and beneficiaries of a pension or retirement plan or other program ofbenefits 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 withemployees or their authorized representatives, the terms, conditions, and provisions of a pensionor retirement plan or of an amendment or modification of a pension or retirement plan.

Amended by Chapter 360, 2008 General Session