HF 2352

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to to the Metropolitan Airports Commission;
requiring certain labor-related provisions in
contracts with concession operators; proposing coding
for new law in Minnesota Statutes, chapter 473.

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

Section 1.

new text begin [473.6515] AIRPORT CONCESSION CONTRACT
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Labor agreement required. new text end

new text begin The corporation
shall not enter any contract, lease, or other agreement or renew
any contract, lease, or other agreement for the use of any of
the property under its management and control for concessions or
concession-related operations unless the other party to the
contract, lease, or other agreement demonstrates to the
corporation that it has a valid labor agreement in force that
requires final and binding arbitration for all labor disputes
and that prohibits its employees from engaging in picketing,
work stoppages, boycotts, or any other actions that interfere
with the business operations of that party.
new text end

new text begin Subd. 2. new text end

new text begin Employee retention requirements. new text end

new text begin The
corporation shall not enter any contract, lease, or other
agreement or renew any contract, lease, or other agreement for
the use of any of the property under its management and control
for concessions or concession-related operations unless the
other party to the contract, lease, or other agreement agrees to
the following:
new text end

new text begin (1) employees of an immediate prior contract holder at the
same location will be retained under the new contract, unless
fewer openings exist than under the prior contract holder, in
which case employees will be retained based on length of service
at the airport;
new text end

new text begin (2) employees of a prior contract holder will be given
preference in future hiring decisions if fewer openings exist
under the new contract holder;
new text end

new text begin (3) employees hired under clauses (1) and (2) will be
retained for at least 120 days, unless terminated for cause;
new text end

new text begin (4) employees hired under clauses (1) and (2) will be given
preference for the same or equivalent job classifications held
under the prior contract holder;
new text end

new text begin (5) if the position that an employee held under a prior
contract holder is not available and the employee is eligible
for retention under this subdivision, the employee must be
offered any other position for which the employee is qualified;
and
new text end

new text begin (6) if no position is available for an employee eligible
for retention under this subdivision, the new contract holder
must make reasonable efforts to train the eligible employee for
an available position.
new text end

new text begin Subd. 3. new text end

new text begin Violations of state and federal labor laws. new text end

new text begin The
corporation shall not enter any contract, lease, or other
agreement or renew any contract, lease, or other agreement for
the use of any of the property under its management and control
for concessions or concession-related operations unless the
contract, lease, or other agreement specifies that violations of
state and federal labor laws may result in cancellation of the
concession contract, lease, or other agreement.
new text end