Bill Text: MN HF1765 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Labor peace agreements required for state-funded construction projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-03 - Second reading [HF1765 Detail]
Download: Minnesota-2013-HF1765-Engrossed.html
Bill Title: Labor peace agreements required for state-funded construction projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-03 - Second reading [HF1765 Detail]
Download: Minnesota-2013-HF1765-Engrossed.html
1.2relating to commerce; requiring labor peace agreements on certain qualifying
1.3projects; defining terms.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. LABOR PEACE AGREEMENTS.
1.6(a) Labor peace agreements are required on any qualifying project in which the state
1.7or a local government has a proprietary interest or acts as a market participant if the
1.8project will result in the employment of hospitality workers.
1.9(b) For the purposes of this section:
1.10(1) the state or a local government has a proprietary interest or acts as a market
1.11participant in a project where it is the owner of the project or finances the project in whole
1.12or in part by any of the following: providing a grant, providing a loan, contributing real
1.13property, personal property, or infrastructure, guaranteeing any payment under any loan,
1.14lease, or other obligation, providing tax increment financing, contributing revenue on
1.15general obligation bonds, or providing a tax abatement, reduction, deferral, or credit;
1.16(2) "qualifying project" means a project that is located in a county that contains a
1.17city of the first class as defined under Minnesota Statutes, section 410.01, and includes the
1.18construction or development of a hotel, a food and beverage operation that is integral to
1.19or adjacent to a hotel, a sports facility, a convention center, a civic center, or a cultural
1.20venue with catering or cafeteria facilities;
1.21(3) "hospitality workers" means all full-time or regular part-time employees of
1.22hotels and their adjacent or integral food and beverage operations as well as all full-time or
1.23regular part-time employees providing food and beverage, concession, gaming, catering,
2.1cafeteria, or merchandise services at sports facilities, convention centers, civic centers, or
2.2cultural venues, excluding supervisors, managers, and guards;
2.3(4) "employer of hospitality workers" means an employer of hospitality workers
2.4on a qualifying project and includes a developer of a state or local government-owned
2.5facility on a qualifying project or a developer of a facility benefiting from state or local
2.6government financing on a qualifying project; and
2.7(5) "labor peace agreement" means a valid collective bargaining agreement or other
2.8contract under United States Code, title 29, section 185, between an employer of hospitality
2.9workers and any labor organization seeking to represent hospitality workers on a qualifying
2.10project. Such agreements must contain a provision prohibiting the labor organization and
2.11its members, and in the case of a collective bargaining agreement, all employees covered
2.12by the agreement, from engaging in any picketing, work stoppages, boycotts, or any other
2.13economic interference with the employer's hospitality operations on the qualifying project
2.14for the duration of the state or local government's proprietary interest in the qualifying
2.15project or as long as the state or local government acts as a market participant in the
2.16qualifying project. Each such agreement must provide that during this time period all
2.17disputes relating to employment conditions or the negotiation thereof shall be submitted
2.18to final and binding arbitration. Each such agreement must provide that the employer of
2.19hospitality workers shall require that any services to be performed by hospitality workers
2.20employed by the employer's contractors, subcontractors, tenants, or subtenants shall be
2.21done under collective bargaining agreements or other contracts under United States Code,
2.22title 29, section 185, containing the same provisions as specified in this clause.
2.23(c) Any employer of hospitality workers on a qualifying project in which the state or
2.24a local government has a proprietary interest or acts as a market participant must have a
2.25labor peace agreement with any interested labor organization prior to, and as a condition
2.26precedent of, state or local government financing. When the state or a local government
2.27acts as project owner, any employer of hospitality workers must have a signed labor peace
2.28agreement with any interested labor organization prior to, and as a condition precedent to,
2.29its contract with the state or local government.
1.3projects; defining terms.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. LABOR PEACE AGREEMENTS.
1.6(a) Labor peace agreements are required on any qualifying project in which the state
1.7or a local government has a proprietary interest or acts as a market participant if the
1.8project will result in the employment of hospitality workers.
1.9(b) For the purposes of this section:
1.10(1) the state or a local government has a proprietary interest or acts as a market
1.11participant in a project where it is the owner of the project or finances the project in whole
1.12or in part by any of the following: providing a grant, providing a loan, contributing real
1.13property, personal property, or infrastructure, guaranteeing any payment under any loan,
1.14lease, or other obligation, providing tax increment financing, contributing revenue on
1.15general obligation bonds, or providing a tax abatement, reduction, deferral, or credit;
1.16(2) "qualifying project" means a project that is located in a county that contains a
1.17city of the first class as defined under Minnesota Statutes, section 410.01, and includes the
1.18construction or development of a hotel, a food and beverage operation that is integral to
1.19or adjacent to a hotel, a sports facility, a convention center, a civic center, or a cultural
1.20venue with catering or cafeteria facilities;
1.21(3) "hospitality workers" means all full-time or regular part-time employees of
1.22hotels and their adjacent or integral food and beverage operations as well as all full-time or
1.23regular part-time employees providing food and beverage, concession, gaming, catering,
2.1cafeteria, or merchandise services at sports facilities, convention centers, civic centers, or
2.2cultural venues, excluding supervisors, managers, and guards;
2.3(4) "employer of hospitality workers" means an employer of hospitality workers
2.4on a qualifying project and includes a developer of a state or local government-owned
2.5facility on a qualifying project or a developer of a facility benefiting from state or local
2.6government financing on a qualifying project; and
2.7(5) "labor peace agreement" means a valid collective bargaining agreement or other
2.8contract under United States Code, title 29, section 185, between an employer of hospitality
2.9workers and any labor organization seeking to represent hospitality workers on a qualifying
2.10project. Such agreements must contain a provision prohibiting the labor organization and
2.11its members, and in the case of a collective bargaining agreement, all employees covered
2.12by the agreement, from engaging in any picketing, work stoppages, boycotts, or any other
2.13economic interference with the employer's hospitality operations on the qualifying project
2.14for the duration of the state or local government's proprietary interest in the qualifying
2.15project or as long as the state or local government acts as a market participant in the
2.16qualifying project. Each such agreement must provide that during this time period all
2.17disputes relating to employment conditions or the negotiation thereof shall be submitted
2.18to final and binding arbitration. Each such agreement must provide that the employer of
2.19hospitality workers shall require that any services to be performed by hospitality workers
2.20employed by the employer's contractors, subcontractors, tenants, or subtenants shall be
2.21done under collective bargaining agreements or other contracts under United States Code,
2.22title 29, section 185, containing the same provisions as specified in this clause.
2.23(c) Any employer of hospitality workers on a qualifying project in which the state or
2.24a local government has a proprietary interest or acts as a market participant must have a
2.25labor peace agreement with any interested labor organization prior to, and as a condition
2.26precedent of, state or local government financing. When the state or a local government
2.27acts as project owner, any employer of hospitality workers must have a signed labor peace
2.28agreement with any interested labor organization prior to, and as a condition precedent to,
2.29its contract with the state or local government.
