HF 1765

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/18/2013 11:22am

A bill for an act
relating to commerce; requiring labor peace agreements on certain qualifying
projects; defining terms.

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

Section 1. new text begin LABOR PEACE AGREEMENTS.
new text end

new text begin (a) Labor peace agreements are required on any qualifying project in which the state
or a local government has a proprietary interest or acts as a market participant if the
project will result in the employment of hospitality workers.
new text end

new text begin (b) For the purposes of this section:
new text end

new text begin (1) the state or a local government has a proprietary interest or acts as a market
participant in a project where it is the owner of the project or finances the project in whole
or in part by any of the following: providing a grant, providing a loan, contributing real
property, personal property, or infrastructure, guaranteeing any payment under any loan,
lease, or other obligation, providing tax increment financing, contributing revenue on
general obligation bonds, or providing a tax abatement, reduction, deferral, or credit;
new text end

new text begin (2) "qualifying project" means a project that is located in a county that contains a
city of the first class as defined under Minnesota Statutes, section 410.01, and includes the
construction or development of a hotel, a food and beverage operation that is integral to
or adjacent to a hotel, a sports facility, a convention center, a civic center, or a cultural
venue with catering or cafeteria facilities;
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new text begin (3) "hospitality workers" means all full-time or regular part-time employees of
hotels and their adjacent or integral food and beverage operations as well as all full-time or
regular part-time employees providing food and beverage, concession, gaming, catering,
cafeteria, or merchandise services at sports facilities, convention centers, civic centers, or
cultural venues, excluding supervisors, managers, and guards;
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new text begin (4) "employer of hospitality workers" means an employer of hospitality workers
on a qualifying project and includes a developer of a state or local government-owned
facility on a qualifying project or a developer of a facility benefiting from state or local
government financing on a qualifying project; and
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new text begin (5) "labor peace agreement" means a valid collective bargaining agreement or other
contract under United States Code, title 29, section 185, between an employer of hospitality
workers and any labor organization seeking to represent hospitality workers on a qualifying
project. Such agreements must contain a provision prohibiting the labor organization and
its members, and in the case of a collective bargaining agreement, all employees covered
by the agreement, from engaging in any picketing, work stoppages, boycotts, or any other
economic interference with the employer's hospitality operations on the qualifying project
for the duration of the state or local government's proprietary interest in the qualifying
project or as long as the state or local government acts as a market participant in the
qualifying project. Each such agreement must provide that during this time period all
disputes relating to employment conditions or the negotiation thereof shall be submitted
to final and binding arbitration. Each such agreement must provide that the employer of
hospitality workers shall require that any services to be performed by hospitality workers
employed by the employer's contractors, subcontractors, tenants, or subtenants shall be
done under collective bargaining agreements or other contracts under United States Code,
title 29, section 185, containing the same provisions as specified in this clause.
new text end

new text begin (c) Any employer of hospitality workers on a qualifying project in which the state or
a local government has a proprietary interest or acts as a market participant must have a
labor peace agreement with any interested labor organization prior to, and as a condition
precedent of, state or local government financing. When the state or a local government
acts as project owner, any employer of hospitality workers must have a signed labor peace
agreement with any interested labor organization prior to, and as a condition precedent to,
its contract with the state or local government.
new text end