HF 2848

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor relations; establishing certain 
  1.3             rights for workers in the meatpacking industry; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 179. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [179.86] [PACKINGHOUSE WORKERS BILL OF RIGHTS.] 
  1.8      Subdivision 1.  [GENERALLY.] Workers in the meatpacking 
  1.9   industry are entitled to certain fundamental rights.  The rights 
  1.10  set under this section are for the purpose of establishing 
  1.11  minimum workplace guidelines for workers in the meatpacking 
  1.12  industry.  These rights are in addition to all other rights 
  1.13  provided by state or federal law. 
  1.14     Subd. 2.  [RIGHT TO ORGANIZE.] Workers in Minnesota have 
  1.15  the right to organize under the National Labor Relations Act.  
  1.16  Workers in the meatpacking industry shall have the right to meet 
  1.17  together for the purpose of organizing themselves without fear 
  1.18  of harassment or reprisals. 
  1.19     Subd. 3.  [RIGHT TO A SAFE WORKPLACE.] Workers in the 
  1.20  meatpacking industry are entitled to the safest possible working 
  1.21  conditions.  The state of Minnesota commits itself to working 
  1.22  with all appropriate governmental agencies to accomplish this 
  1.23  goal.  Employers should be committed to accomplishing this 
  1.24  goal.  In this regard, employers shall commit to establishing a 
  1.25  management and worker safety committee to meet on a regular 
  2.1   basis to examine safety practices, to include but not be limited 
  2.2   to, safety issues arising out of line speed, and implement the 
  2.3   best safety practices for all workers in accordance with federal 
  2.4   and state law.  Workers shall have the right to file complaints 
  2.5   with the plant safety committees without fear of reprisal in 
  2.6   order to make the safety committee aware of safety concerns.  
  2.7   The committee shall act promptly to assist the employer in 
  2.8   addressing safety and health dangers by making recommendations 
  2.9   regarding corrective measures and notify the worker of the 
  2.10  action taken.  A worker shall also have the right to refer 
  2.11  safety concerns to the appropriate state or federal agencies 
  2.12  without fear of reprisal. 
  2.13     Subd. 4.  [RIGHT TO ADEQUATE FACILITIES.] The employer 
  2.14  agrees to provide to workers: 
  2.15     (1) adequate and working restroom facilities; 
  2.16     (2) adequate room for meal and rest breaks; 
  2.17     (3) adequate locker facilities; and 
  2.18     (4) adequate time for necessary restroom breaks. 
  2.19     Subd. 5.  [RIGHT TO ADEQUATE EQUIPMENT.] Functional and 
  2.20  adequate equipment is necessary for a safe work environment.  
  2.21  Each worker shall be entitled to use equipment that is adequate 
  2.22  to perform the job task assigned.  Failure to provide adequate 
  2.23  equipment shall be cause for the safety committee to make 
  2.24  recommendations for corrective action by the employer. 
  2.25     Subd. 6.  [RIGHT TO COMPLETE INFORMATION.] Each employee 
  2.26  should receive an employee manual at the time of hire that 
  2.27  contains: 
  2.28     (1) a copy of the Packinghouse Workers Bill of Rights; 
  2.29     (2) a complete description of the salary and benefits 
  2.30  plans; 
  2.31     (3) a job description of the worker's position; 
  2.32     (4) a description of leave policies; 
  2.33     (5) a description of the work hours and work hours policy; 
  2.34  and 
  2.35     (6) a description of the occupational hazards known to 
  2.36  exist for the position. 
  3.1      Subd. 7.  [RIGHT TO UNDERSTAND INFORMATION PROVIDED.] A 
  3.2   worker is entitled to understand the worker's rights and 
  3.3   obligations.  The employer shall provide an explanation in the 
  3.4   worker's native language of that worker's rights and duties as 
  3.5   an employee either person to person or through written materials.
  3.6      Subd. 8.  [RIGHT TO EXISTING STATE AND FEDERAL BENEFITS AND 
  3.7   RIGHTS.] Certain rights are already afforded to workers under 
  3.8   the Minnesota Worker's Compensation Act and the Minnesota 
  3.9   Occupational Safety and Health Act.  Workers have a right to 
  3.10  understand for themselves, or through a representative, their 
  3.11  rights and obligations under these acts.  The employer, through 
  3.12  a written document or training, shall provide the worker 
  3.13  information to inform and educate the worker relative to the 
  3.14  worker's rights and duties under these laws. 
  3.15     Subd. 9.  [RIGHT TO BE FREE FROM DISCRIMINATION.] Everyone 
  3.16  has the right to respect and protection against discrimination.  
  3.17  This includes, but is not limited to, the right to equal 
  3.18  employment opportunity without regard to race, color, religion, 
  3.19  sex, national origin, or disability all in an environment free 
  3.20  of sexual and physical harassment.  Employers should treat their 
  3.21  workers with respect.  Existing protections against harassment, 
  3.22  discrimination, and intimidation should be enforced. 
  3.23     Subd. 10.  [RIGHT TO COMPENSATION FOR WORK 
  3.24  PERFORMED.] Every worker has the right to expect payment of 
  3.25  wages owed for work performed by the worker.  The employer shall 
  3.26  pay all wages due to its workers.  Workers have the right to 
  3.27  contact the Minnesota Department of Labor and Industry for 
  3.28  assistance in determining their rights under the appropriate 
  3.29  wage and hour statutes. 
  3.30     Subd. 11.  [RIGHT TO SEEK STATE HELP.] The state of 
  3.31  Minnesota commits itself to protecting the rights of workers in 
  3.32  the meatpacking industry.  Trained staff from the Department of 
  3.33  Labor and Industry and Minnesota Occupational Safety and Health, 
  3.34  along with staff from the Minnesota Department of Human Rights, 
  3.35  shall be available to assist workers and employers with 
  3.36  information concerning a variety of labor-related issues, 
  4.1   including: 
  4.2      (1) discrimination law; 
  4.3      (2) health and safety regulations; 
  4.4      (3) lunch period law; 
  4.5      (4) medical examination law; 
  4.6      (5) non-English-speaking employee law; 
  4.7      (6) wage and hour law; 
  4.8      (7) wage payment and collection statute; and 
  4.9      (8) workplace safety consultation law.