HJR8 targets union voting

A heated and extensive debate in the Utah House Wednesday led to passage of a resolution that would give Utah voters the chance to vote on a state constitutional amendment designed to preempt pending federal legislation that facilitates union organization.

HJR8, sponsored by Rep. Carl Wimmer, R-Herriman, proposes a constitutional change that would require labor organizations to hold secret-ballot voting to establish a union at a Utah business. Changes to the state's governing document require a two-thirds vote in both the House and Senate and voter approval in the 2010 election to become law. Wimmer's resolution passed the House on a 53-22 vote, just three votes stronger than the 50 needed in the 75-member body.

Wimmer cited the support of Gov. Jon Huntsman, Jr., Sens. Orrin Hatch and Bob Bennett and 3rd District Rep. Jason Chaffetz, all R-Utah, on the bill and called the pending Employee Free Choice Act an "attack coming down from the federal government."

The act allows a union organization to become ratified by a majority of workers signing cards in support of organizing, and eliminates the right of the employer to demand a secret-ballot vote.

Critics of the bill in the House said it was unnecessary legislation in "right to work" state like Utah, which prohibits labor organizations from requiring memberships for all employees at a company.

"This is an unwise bill," Rep. Brian King, D-Salt Lake, said. "There is simply no need for amending the constitution for anyone who does not want to be part of a union … you can opt out of a union even if it's formed."

King told the body that Utah was "one of the least unionized" states and, in the event the federal changes were enacted, legal conflicts were likely to ensue.

House Majority Leader Kevin Garn, R-Layton, testified on behalf of the resolution, and called the proposal "one of the most important policy decisions we will make in this legislative session."

Rep. Jay Seegmiller, D-Sandy, a former legislative director of the United Transportation Union, told the body the language of the proposed changes would likely create other constitutional issues and noted that union organizing efforts were closely monitored by the National Labor Relations Board, particularly in the voting process. He warned the proposal "opens up a hornet's nest that I think we want to stay away from."

In a statement Tuesday, Huntsman expressed his support for the resolution.

"It is ever important for Utahns to have the right to vote their conscience in areas that are critical to their democratic representation and the representation within their employment without the fear of retribution or persecution," Huntsman said in the statement. "This constitutional amendment would ensure that individuals will be constitutionally guaranteed the right to a secret ballot for these types of important elections."

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