SF 2739

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to 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 REQUIRED.] The corporation 
  1.10  shall not enter any contract, lease, or other agreement or renew 
  1.11  any contract, lease, or other agreement for the use of any of 
  1.12  the property under its management and control for concessions or 
  1.13  concession-related operations unless the other party to the 
  1.14  contract, lease, or other agreement demonstrates to the 
  1.15  corporation that it has a valid labor agreement in force that 
  1.16  requires final and binding arbitration for all labor disputes 
  1.17  and that prohibits its employees from engaging in picketing, 
  1.18  work stopagges, boycotts, or any other actions that interfere 
  1.19  with the business operations of that party. 
  1.20     Subd. 2.  [EMPLOYEE RETENTION REQUIREMENTS.] The 
  1.21  corporation shall not enter any contract, lease, or other 
  1.22  agreement or renew any contract, lease, or other agreement for 
  1.23  the use of any of the property under its management and control 
  1.24  for concessions or concession-related operations unless the 
  1.25  other party to the contract, lease, or other agreement agrees to 
  2.1   the following: 
  2.2      (1) employees of an immediate prior contract holder at the 
  2.3   same location will be retained under the new contract, unless 
  2.4   fewer openings exist than under the prior contract holder, in 
  2.5   which case employees will be retained based on length of service 
  2.6   at the airport; 
  2.7      (2) employees of a prior contract holder will be given 
  2.8   preference in future hiring decisions if fewer openings exist 
  2.9   under the new contract holder; 
  2.10     (3) employees hired under clauses (1) and (2) will be 
  2.11  retained for at least 120 days, unless terminated for cause; 
  2.12     (4) employees hired under clauses (1) and (2) will be given 
  2.13  preference for the same or equivalent job classifications held 
  2.14  under the prior contract holder; 
  2.15     (5) if the position that an employee held under a prior 
  2.16  contract holder is not available and the employee is eligible 
  2.17  for retention under this subdivision, the employee must be 
  2.18  offered any other position for which the employee is qualified; 
  2.19  and 
  2.20     (6) if no position is available for an employee eligible 
  2.21  for retention under this subdivision, the new contract holder 
  2.22  must make reasonable efforts to train the eligible employee for 
  2.23  an available position. 
  2.24     Subd. 3.  [VIOLATIONS OF STATE AND FEDERAL LABOR LAWS.] The 
  2.25  corporation shall not enter any contract, lease, or other 
  2.26  agreement or renew any contract, lease, or other agreement for 
  2.27  the use of any of the property under its management and control 
  2.28  for concessions or concession-related operations unless the 
  2.29  contract, lease, or other agreement specifies that violations of 
  2.30  state and federal labor laws may result in cancellation of the 
  2.31  concession contract, lease, or other agreement.