Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1978
702576
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.