SF 2515

2nd 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 222.85, by 
  1.5             adding a subdivision; 222.86, subdivision 3, and by 
  1.6             adding 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 222.85, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5.  [AFFECTED EMPLOYEE.] "Affected employee" means an 
  1.11  employee of a divesting carrier who: 
  1.12     (1) maintains a permanent residence within 30 miles of the 
  1.13  line of railroad being sold to an acquiring carrier; or 
  1.14     (2) has been assigned to a crew working on that line of 
  1.15  railroad during the 30 months immediately preceding the sale; or 
  1.16     (3) is displaced in the normal exercise of seniority by an 
  1.17  employee meeting the criteria of clause (2) who chooses to 
  1.18  remain in the employment of the divesting carrier. 
  1.19     Sec. 2.  Minnesota Statutes 1994, section 222.86, 
  1.20  subdivision 3, is amended to read: 
  1.21     Subd. 3.  [APPLICABILITY TO REQUIREMENTS OF LAW.] Acquiring 
  1.22  and divesting carriers shall attend conferences with the 
  1.23  attorney general or the commissioner of transportation prior to 
  1.24  filing a notice of exemption with the Interstate Commerce 
  1.25  Commission.  The divesting and acquiring carriers shall respond 
  1.26  to questions and requests for information related to the issue 
  2.1   of whether the proposed transaction is consistent with the 
  2.2   requirements of the Interstate Commerce Act, other applicable 
  2.3   federal law, and state law.  Copies of the sale contract, market 
  2.4   and feasibility studies, and full financial information as to 
  2.5   the acquiring carrier must be provided at those conferences. 
  2.6      All information, submitted by the acquiring and divesting 
  2.7   carriers as confidential, shall remain nonpublic data and 
  2.8   private data on individuals in accordance with chapter 13 and 
  2.9   shall not be divulged to any outside parties, except to the 
  2.10  Interstate Commerce Commission as a part of a filing in relation 
  2.11  to the proposed transaction.  The attorney general and the 
  2.12  commissioner of transportation shall take the necessary steps to 
  2.13  assure confidentiality. 
  2.14     Within ten days following the conference, the attorney 
  2.15  general or the commissioner of transportation shall meet with 
  2.16  the accredited union representatives of the employees of the 
  2.17  divesting carrier and representatives of the acquiring and 
  2.18  divesting carriers to clarify points of interest that relate to 
  2.19  the impact on employees of the divesting line and to clarify 
  2.20  compliance with laws regarding sale of the railroad line. 
  2.21     Sec. 3.  Minnesota Statutes 1994, section 222.86, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 4.  [NOTICE TO EMPLOYEES OF DIVESTING CARRIER.] The 
  2.24  acquiring carrier shall provide the divesting carrier with a 
  2.25  copy of its filing of a notice of intent to initiate an exempt 
  2.26  transaction and the name and telephone number of a designated 
  2.27  employment representative at the time of filing with the surface 
  2.28  transportation board.  Within five days thereafter, the 
  2.29  divesting carrier shall provide copies of the acquiring 
  2.30  carrier's notice and designated employment representative 
  2.31  information to the accredited union representatives of the 
  2.32  divesting carrier.  The divesting carrier shall also post copies 
  2.33  of the acquiring carrier's notice and designated representative 
  2.34  information at locations where such employee information is 
  2.35  customarily posted within the workplace. 
  2.36     Sec. 4.  Minnesota Statutes 1994, section 222.86, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 5.  [PENALTY.] A carrier who violates this section is 
  3.3   subject to a penalty of up to $500 for each day that the 
  3.4   violation continues but not to exceed a total penalty of $10,000.
  3.5      Sec. 5.  Minnesota Statutes 1994, section 222.88, is 
  3.6   amended to read: 
  3.7      222.88 [PRIORITY IN HIRING.] 
  3.8      Unless required by other law or regulation to otherwise 
  3.9   provide preference in employment, an acquiring carrier under 
  3.10  sections 222.85 to 222.87 shall give priority in hiring, based 
  3.11  upon length of service on the affected rail line, to employees 
  3.12  an affected employee of the divesting carrier performing service 
  3.13  in connection with the affected rail line based on the 
  3.14  employee's length of service.  
  3.15     The divesting carrier and accredited representatives of 
  3.16  employees shall jointly submit a list of affected employees to 
  3.17  the acquiring carrier for the purpose of asserting priority in 
  3.18  hiring. 
  3.19     All affected employees must be notified by mail service of 
  3.20  the opportunity for employment and must be allowed a minimum of 
  3.21  30 days to decide whether to accept employment with the 
  3.22  acquiring carrier. 
  3.23     To assert priority in hiring, the employee must be 
  3.24  qualified by experience and training to perform the available 
  3.25  job.