| 1 | Representative Gelber offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between lines 2758 and 2759, insert: |
| 5 | Section 41. Section 341.3024, Florida Statutes, is created |
| 6 | to read: |
| 7 | 341.3024 Rail corridors; labor union agreements.--The |
| 8 | department or any government agency or authority designated by |
| 9 | the department to own or administer a rail corridor, and any and |
| 10 | all contractors engaged to perform work or service on a rail |
| 11 | corridor or to operate or provide commuter rail service on a |
| 12 | rail corridor, shall enter a written agreement with any labor |
| 13 | union representing employees working on the acquired rail |
| 14 | corridor that requests such a written agreement concerning the |
| 15 | continued employment of the employees represented by such union |
| 16 | and the hiring of other employees to provide work on the rail |
| 17 | corridor under the terms of such labor union's collective |
| 18 | bargaining agreement applicable on the rail corridor as |
| 19 | employees of a rail carrier, continuation of representation of |
| 20 | employees performing work under that collective bargaining |
| 21 | agreement by the labor union currently representing such |
| 22 | employees, and the binding of any successor or assign or |
| 23 | replacement agency or contractor to the terms of the written |
| 24 | agreement. Such written agreement shall, at a minimum, contain |
| 25 | the following provisions: |
| 26 | (1) Provisions requiring that any government agency or |
| 27 | authority designated by the department to own or administer a |
| 28 | rail corridor to operate commuter rail service, or any and all |
| 29 | contractors engaged to perform work or service on a rail |
| 30 | corridor or to operate or provide commuter rail service on a |
| 31 | rail corridor, shall be a rail carrier under the federal |
| 32 | Interstate Commerce Commission Termination Act, the Railway |
| 33 | Labor Act, the Federal Employees Liability Act, and the Railroad |
| 34 | Retirement Act. |
| 35 | (2) Adoption in full of the labor union's collective |
| 36 | bargaining agreement as an agreement between the labor union and |
| 37 | the department or any government agency or authority designated |
| 38 | by the department to own or administer a rail corridor, or any |
| 39 | contractor engaged to perform work or service or to provide |
| 40 | commuter rail service on a rail corridor. |
| 41 | (3) Provisions requiring that any contract operator for |
| 42 | the department or any government agency or authority designated |
| 43 | by the department to own or administer a rail corridor will |
| 44 | agree to be bound by the written agreement referred to in this |
| 45 | section and that any contract between the department or any |
| 46 | government agency or authority designated by the department to |
| 47 | own or administer a rail corridor and any contractor will |
| 48 | include a provision binding the contractor to the written |
| 49 | agreement referred to in this section. |
| 50 | (4) Provisions requiring that all rates of pay, rules, and |
| 51 | working conditions and rights, privileges, and benefits of |
| 52 | employees working under the labor union's collective bargaining |
| 53 | agreements must be preserved and continued. |
| 54 | (5) Provisions requiring that if the department or any |
| 55 | government agency or authority designated by the department to |
| 56 | own or administer a rail corridor or any contractor for the |
| 57 | department or such designated agency or authority contemplates a |
| 58 | change which will result in the dismissal or displacement of |
| 59 | employees, at least 45 days' written notice will be given to the |
| 60 | labor union representing such employees with information about |
| 61 | the planned changes and their likely effects on employees and |
| 62 | requiring negotiation or arbitration resulting in a new written |
| 63 | agreement concerning any such change. |
| 64 | (6) Provisions requiring that the written agreement is |
| 65 | binding on any and all of the successors and assigns of the |
| 66 | department, any government agency or authority designated by the |
| 67 | department to own or administer a rail corridor and any |
| 68 | contractor engaged by the department to operate commuter rail |
| 69 | service or provide other work or service on the rail corridor. |
| 70 |
|
| 71 | ----------------------------------------------------- |
| 72 | T I T L E A M E N D M E N T |
| 73 | Remove line 174 and insert: |
| 74 | and the Legislature; creating s. 341.3024, F.S.; providing |
| 75 | requirements for agreements with labor unions representing |
| 76 | certain employees working on an acquired rail corridor; |
| 77 | repealing part III of ch. 343 F.S.; |