HF 643

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor relations; establishing certain rights for workers in the
meatpacking industry; providing civil and criminal penalties; establishing the
position of meatpacking industry workers rights ombudsman in the Department
of Labor and Industry; requiring a report; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 179.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section and section 179.87:
new text end

new text begin (1) "employer" means any person or business entity having 25 or more employees
in the meatpacking industry; and
new text end

new text begin (2) "meatpacking industry" means business operations in which slaughtering,
butchering, meat canning, meat packing, meat manufacturing, poultry canning, poultry
packing, poultry manufacturing, pet food manufacturing, processing of meatpacking
products, or rendering is carried on. Meatpacking products include livestock and poultry
products.
new text end

new text begin Subd. 2. new text end

new text begin Right to adequate facilities. new text end

new text begin An employer must provide its employees:
new text end

new text begin (1) adequate and working restroom facilities;
new text end

new text begin (2) adequate room for meal and rest breaks;
new text end

new text begin (3) adequate locker facilities; and
new text end

new text begin (4) adequate time for necessary restroom and meal breaks as required under chapter
177; United States Code, title 29, chapter 15; and United States Code, title 42, chapter
126, or a valid collective bargaining agreement.
new text end

new text begin Subd. 3. new text end

new text begin Right to adequate equipment and training. new text end

new text begin An employer must furnish its
employees with equipment and training that is adequate to perform the job task assigned.
An employer must make ongoing skill development and training opportunities, including
supervisory training, available to employees.
new text end

new text begin Subd. 4. new text end

new text begin Information provided to employee by employer. new text end

new text begin (a) An employer must
provide an explanation in an employee's native language of the employee's rights and
duties as an employee either person to person or through written materials as required
by state or federal law, or a valid collective bargaining agreement that, at a minimum,
includes:
new text end

new text begin (1) a complete description of the salary and benefits plans as they relate to the
employee as required under chapter 181 and information about workers' compensation
benefits under chapter 176, unemployment benefits under chapter 268, and vocational
rehabilitation under chapter 268A;
new text end

new text begin (2) a job description for the employee's position as required under chapter 181;
new text end

new text begin (3) a description of leave policies as required under chapter 181 and United States
Code, title 29, chapter 28;
new text end

new text begin (4) a description of the work hours and work hours policy as required under chapter
181, United States Code, title 29, chapter 201, or a valid collective bargaining agreement;
and
new text end

new text begin (5) a description of the occupational hazards known to exist for the position as
required under chapters 181 and 182 and United States Code, title 29, chapter 15.
new text end

new text begin (b) The explanation must also include information on the following employee rights
as protected by state or federal law and a description of where additional information
about those rights may be obtained:
new text end

new text begin (1) the right to organize and bargain collectively as required under this chapter and
chapter 177, and United States Code, title 29, chapter 7;
new text end

new text begin (2) the right to a safe workplace as required under chapters 181 and 182 and United
States Code, title 29, chapter 15; and
new text end

new text begin (3) the right to be free from discrimination as required under this chapter and
chapters 181, 182, and 363A, and United States Code, title 42, chapter 21.
new text end

new text begin Subd. 5. new text end

new text begin Civil action. new text end

new text begin A person aggrieved as a result of a violation of this section
may file suit in any district court of this state. If the court finds that the respondent has
intentionally violated this section, the court may award damages up to and including an
amount equal to the original damages and may provide injunctive relief.
new text end

new text begin Subd. 6. new text end

new text begin Criminal penalty. new text end

new text begin An employer who violates this section is guilty of a
misdemeanor.
new text end

Sec. 2.

new text begin [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS
OMBUDSMAN.
new text end

new text begin Subdivision 1. new text end

new text begin Position established. new text end

new text begin The position of meatpacking industry workers
rights ombudsman is established within the Department of Labor and Industry. The
ombudsman shall be an employee of the department. The ombudsman shall be appointed
by the commissioner in consultation with the chairs of the standing committees of the
senate and house of representatives with jurisdiction over labor and employment issues in
accordance with the preference established in subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The ombudsman shall inspect and review the practices and
procedures of meatpacking operations in the state. The ombudsman shall work to ensure
workers rights under section 179.86 are protected.
new text end

new text begin Subd. 3. new text end

new text begin Access. new text end

new text begin The ombudsman or designated representatives of the ombudsman
shall have access to all meatpacking operations in the state at any time meatpacking
products are being processed and industry workers are on the job.
new text end

new text begin Subd. 4. new text end

new text begin Office. new text end

new text begin Necessary office space, furniture, equipment, and supplies as
well as necessary assistance for the ombudsman shall be provided by the Department of
Labor and Industry.
new text end

new text begin Subd. 5. new text end

new text begin Language preference. new text end

new text begin Preference shall be given to applicants for the
ombudsman position who are fluent in languages in addition to English.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The ombudsman shall, on or before December 1 of each year,
submit a report to the members of the legislature and the governor regarding any
recommended actions the ombudsman deems necessary or appropriate to provide for the
fair treatment of workers in the meatpacking industry.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from
the general fund to the commissioner of labor and industry for the operation of the
meatpacking industry workers rights ombudsman under Minnesota Statutes, section
179.87.
new text end