November 27, 2020
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240431
  Amendment
Bill No. CS/CS/HB 1399
Amendment No. 240431
CHAMBER ACTION
Senate House
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1Representative 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
6to read:
7     341.3024  Rail corridors; labor union agreements.--The
8department or any government agency or authority designated by
9the department to own or administer a rail corridor, and any and
10all contractors engaged to perform work or service on a rail
11corridor or to operate or provide commuter rail service on a
12rail corridor, shall enter a written agreement with any labor
13union representing employees working on the acquired rail
14corridor that requests such a written agreement concerning the
15continued employment of the employees represented by such union
16and the hiring of other employees to provide work on the rail
17corridor under the terms of such labor union's collective
18bargaining agreement applicable on the rail corridor as
19employees of a rail carrier, continuation of representation of
20employees performing work under that collective bargaining
21agreement by the labor union currently representing such
22employees, and the binding of any successor or assign or
23replacement agency or contractor to the terms of the written
24agreement. Such written agreement shall, at a minimum, contain
25the following provisions:
26     (1)  Provisions requiring that any government agency or
27authority designated by the department to own or administer a
28rail corridor to operate commuter rail service, or any and all
29contractors engaged to perform work or service on a rail
30corridor or to operate or provide commuter rail service on a
31rail corridor, shall be a rail carrier under the federal
32Interstate Commerce Commission Termination Act, the Railway
33Labor Act, the Federal Employees Liability Act, and the Railroad
34Retirement Act.
35     (2)  Adoption in full of the labor union's collective
36bargaining agreement as an agreement between the labor union and
37the department or any government agency or authority designated
38by the department to own or administer a rail corridor, or any
39contractor engaged to perform work or service or to provide
40commuter rail service on a rail corridor.
41     (3)  Provisions requiring that any contract operator for
42the department or any government agency or authority designated
43by the department to own or administer a rail corridor will
44agree to be bound by the written agreement referred to in this
45section and that any contract between the department or any
46government agency or authority designated by the department to
47own or administer a rail corridor and any contractor will
48include a provision binding the contractor to the written
49agreement referred to in this section.
50     (4)  Provisions requiring that all rates of pay, rules, and
51working conditions and rights, privileges, and benefits of
52employees working under the labor union's collective bargaining
53agreements must be preserved and continued.
54     (5)  Provisions requiring that if the department or any
55government agency or authority designated by the department to
56own or administer a rail corridor or any contractor for the
57department or such designated agency or authority contemplates a
58change which will result in the dismissal or displacement of
59employees, at least 45 days' written notice will be given to the
60labor union representing such employees with information about
61the planned changes and their likely effects on employees and
62requiring negotiation or arbitration resulting in a new written
63agreement concerning any such change.
64     (6)  Provisions requiring that the written agreement is
65binding on any and all of the successors and assigns of the
66department, any government agency or authority designated by the
67department to own or administer a rail corridor and any
68contractor engaged by the department to operate commuter rail
69service or provide other work or service on the rail corridor.
70
71
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72
T I T L E  A M E N D M E N T
73     Remove line 174 and insert:
74and the Legislature; creating s. 341.3024, F.S.; providing
75requirements for agreements with labor unions representing
76certain employees working on an acquired rail corridor;
77repealing part III of ch. 343 F.S.;


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