Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for CS for SB 1978

702576

CHAMBER ACTION

Senate

Comm: WD

4/24/2008

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House



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The Committee on Transportation and Economic Development

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Appropriations (Hill) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 2817 and 2818,

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insert:

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     Section 53.  Section 341.3024, Florida Statutes, is created

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to read:

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     341.3024 Rail corridors; labor union agreements.--The

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department or any government agency or authority designated by

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the department to own or administer a rail corridor, and any and

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all contractors engaged to perform work or service on a rail

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corridor or to operate or provide commuter rail service on a rail

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corridor, shall enter a written agreement with any labor union

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representing employees working on the acquired rail corridor

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which requests such a written agreement concerning the continued

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employment of the employees represented by such union and the

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hiring of other employees to provide work on the rail corridor

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under the terms of such labor union's collective bargaining

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agreement applicable on the rail corridor as employees of a rail

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carrier, continuation of representation of employees performing

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work under that collective bargaining agreement by the labor

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union currently representing such employees, and the binding of

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any successor or assign or replacement agency or contractor to

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the terms of the written agreement. Such written agreement shall,

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at a minimum, contain the following provisions:

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     (1) Provisions requiring that any governmental agency or

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authority designated by the department to own or administer a

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rail corridor to operate commuter rail service, or any and all

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contractors engaged to perform work or service on a rail corridor

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or to operate or provide commuter rail service on a rail

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corridor, shall be a rail carrier under the federal Interstate

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Commerce Commission Termination Act, the Railway Labor Act, the

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Federal Employees Liability Act, and the Railroad Retirement Act.

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     (2) Adoption in full of the labor union's collective

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bargaining agreement as an agreement between the labor union and

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the department or any government agency or authority designated

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by the department to own or administer a rail corridor, or any

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contractor engaged to perform work or service or to provide

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commuter rail service on a rail corridor.

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     (3) Provisions requiring that any contract operator for the

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department or any government agency or authority designated by

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the department to own or administer a rail corridor will agree to

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be bound by the written agreement referred to in this section and

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that any contract between the department or any government agency

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or authority designated by the department to own or administer a

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rail corridor and any contractor will include a provision binding

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the contractor to the written agreement referred to in this

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section.

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     (4) Provisions requiring that all rates of pay, rules, and

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working conditions and rights, privileges, and benefits of

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employees working under the labor union's collective bargaining

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agreements must be preserved and continued.

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     (5) Provisions requiring that if the department or any

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government agency or authority designated by the department to

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own or administer a rail corridor or any contractor for the

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department or such designated agency or authority contemplates a

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change which will result in the dismissal or displacement of

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employees, at least 45 days' written notice will be given to the

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labor union representing such employees with information about

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the planned changes and their likely effects on employees and

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requiring negotiation or arbitration resulting in a new written

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agreement concerning any such change.

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     (6) Provisions requiring that the written agreement is

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binding on any and all of the successors and assigns of the

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department, any government agency or authority designated by the

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department to own or administer a rail corridor, and any

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contractor engaged by the department to operate commuter rail

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service or provide other work or service on the rail corridor.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 216, after the semicolon,

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insert:

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creating s. 341.3024, F.S.; providing requirements for

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agreements with labor unions representing certain

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employees working on an acquired rail corridor;

4/24/2008  1:14:00 PM     1-08585-08

CODING: Words stricken are deletions; words underlined are additions.