SF 2739

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the Metropolitan Airports Commission; 
  1.3             requiring certain labor-related provisions in 
  1.4             contracts with concession operators; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 473. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [473.6515] [AIRPORT CONCESSION CONTRACT 
  1.8   REQUIREMENTS.] 
  1.9      Subdivision 1.  [LABOR AGREEMENT.] As a condition precedent 
  1.10  to a concession services contract between the corporation and a 
  1.11  party that would perform the concession services, the party must 
  1.12  demonstrate to the corporation that it has entered into a valid 
  1.13  agreement under United States Code, title 29, section 185(a), 
  1.14  with any labor organization seeking to represent the employees 
  1.15  of the party that the agreement: 
  1.16     (1) prohibits the labor organization and its members or 
  1.17  employees from engaging in any picketing, work stoppages, 
  1.18  boycotts, or any other economic actions to interfere with the 
  1.19  concession operations; and 
  1.20     (2) provides that during the period of the concession 
  1.21  services contract, all disputes between the party and the labor 
  1.22  organization relating to employment conditions or the 
  1.23  negotiation of employment conditions must be submitted to final 
  1.24  and binding arbitration. 
  1.25  A contract between the corporation and a party to perform 
  2.1   concession services must contain a provision that the party is 
  2.2   relieved of the requirements of this subdivision if the labor 
  2.3   organization places conditions upon its no-strike pledge that 
  2.4   the corporation finds, after notice and hearing, to be arbitrary 
  2.5   or capricious. 
  2.6      Subd. 2.  [EMPLOYEE RETENTION REQUIREMENTS.] The 
  2.7   corporation shall not enter any contract, lease, or other 
  2.8   agreement or renew any contract, lease, or other agreement for 
  2.9   the use of any of the property under its management and control 
  2.10  for concessions or concession-related operations unless the 
  2.11  other party to the contract, lease, or other agreement agrees to 
  2.12  the following: 
  2.13     (1) employees of an immediate prior contract holder at the 
  2.14  same location will be retained under the new contract, unless 
  2.15  fewer openings exist than under the prior contract holder, in 
  2.16  which case employees will be retained based on length of service 
  2.17  at the airport; 
  2.18     (2) employees of a prior contract holder will be given 
  2.19  preference in future hiring decisions if fewer openings exist 
  2.20  under the new contract holder; 
  2.21     (3) employees hired under clauses (1) and (2) will be 
  2.22  retained for at least 120 days, unless terminated for cause; 
  2.23     (4) employees hired under clauses (1) and (2) will be given 
  2.24  preference for the same or equivalent job classifications held 
  2.25  under the prior contract holder; 
  2.26     (5) if the position that an employee held under a prior 
  2.27  contract holder is not available and the employee is eligible 
  2.28  for retention under this subdivision, the employee must be 
  2.29  offered any other position for which the employee is qualified; 
  2.30  and 
  2.31     (6) if no position is available for an employee eligible 
  2.32  for retention under this subdivision, the new contract holder 
  2.33  must make reasonable efforts to train the eligible employee for 
  2.34  an available position. 
  2.35     Sec. 2.  [EFFECTIVE DATE.] 
  2.36     Section 1 is effective on the day following final enactment.