HF 2728

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to labor; protecting interests of employees 
  1.3             following railroad acquisitions; imposing a penalty; 
  1.4             amending Minnesota Statutes 1994, sections 222.86, 
  1.5             subdivision 3; 222.87, subdivision 3, and by adding 
  1.6             subdivisions; and 222.88. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 222.86, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [APPLICABILITY TO REQUIREMENTS OF LAW.] Acquiring 
  1.11  and divesting carriers shall attend conferences with the 
  1.12  attorney general or the commissioner of transportation prior to 
  1.13  filing a notice of exemption with the Interstate Commerce 
  1.14  Commission.  The divesting and acquiring carriers shall respond 
  1.15  to questions and requests for information related to the issue 
  1.16  of whether the proposed transaction is consistent with the 
  1.17  requirements of the Interstate Commerce Act, other applicable 
  1.18  federal law, and state law.  Copies of the sale contract, market 
  1.19  and feasibility studies, and full financial information as to 
  1.20  the acquiring carrier must be provided at those conferences. 
  1.21     All information, submitted by the acquiring and divesting 
  1.22  carriers as confidential, shall remain nonpublic data and 
  1.23  private data on individuals in accordance with chapter 13 and 
  1.24  shall not be divulged to any outside parties, except to the 
  1.25  Interstate Commerce Commission as a part of a filing in relation 
  1.26  to the proposed transaction.  The attorney general and the 
  2.1   commissioner of transportation shall take the necessary steps to 
  2.2   assure confidentiality. 
  2.3      Within ten days following the conference, the attorney 
  2.4   general or the commissioner of transportation shall meet with 
  2.5   the accredited union representatives of the employees of the 
  2.6   divesting carrier and representatives of the acquiring and 
  2.7   divesting carriers to clarify points of interest that relate to 
  2.8   the impact on employees of the divesting line and to clarify the 
  2.9   compliance to laws regarding sale of the railroad line. 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 222.87, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 2a.  [CONTRACTS WITH LABOR ORGANIZATIONS.] Not later 
  2.13  than the time at the conferences specified in section 222.86, 
  2.14  subdivision 3, the acquiring carrier shall begin negotiations 
  2.15  with the accredited union representatives of the affected 
  2.16  employees of the divesting carrier to establish fair wages and 
  2.17  safe and suitable working conditions for employees to be hired 
  2.18  by the acquiring carrier.  If agreement is not reached 
  2.19  concerning these issues prior to the acquiring carrier being 
  2.20  authorized to begin operations, the matter shall immediately be 
  2.21  submitted to expedited binding arbitration. 
  2.22     If no agreement is reached, the acquiring carrier succeeds 
  2.23  to and is bound by the contracts, agreements, and understandings 
  2.24  between the divesting carrier and affected labor organizations 
  2.25  until arbitration decision is reached. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 222.87, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [CONSTRUCTION.] This section does not alter, and 
  2.29  shall not be construed to alter, the rights of all parties to 
  2.30  renegotiate contracts under subdivisions 1 and, 2, and 2a at any 
  2.31  time mutually agreeable. 
  2.32     Sec. 4.  Minnesota Statutes 1994, section 222.87, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 4.  [PENALTY.] An acquiring carrier who violates 
  2.35  subdivision 1, 2, or 2a is subject to a fine of at least $500 
  2.36  but not more than $1,000.  Each day the violation continues 
  3.1   constitutes a separate and distinct violation. 
  3.2      Sec. 5.  Minnesota Statutes 1994, section 222.88, is 
  3.3   amended to read: 
  3.4      222.88 [PRIORITY IN HIRING.] 
  3.5      An acquiring carrier under sections 222.85 to 222.87 shall 
  3.6   give priority in hiring, based upon length of service on the 
  3.7   affected rail line, to employees any employee of the divesting 
  3.8   carrier performing service in connection with the affected rail 
  3.9   line who may be affected, based on the employee's length of 
  3.10  service. 
  3.11     The divesting carrier and accredited representatives of 
  3.12  employees shall jointly submit a list of affected employees to 
  3.13  the acquiring carrier for the purpose of asserting priority in 
  3.14  hiring. 
  3.15     All affected employees must be notified by mail service of 
  3.16  the opportunity for employment and must be allowed a minimum of 
  3.17  30 days to decide. 
  3.18     To assert priority in hiring, the employee must be 
  3.19  qualified by experience and training to perform the available 
  3.20  job.