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Capital IconMinnesota Legislature

HF 643

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor relations; establishing certain rights for workers in the
meatpacking industry; providing civil and criminal penalties; establishing the
position of meatpacking industry workers rights ombudsman in the Department
of Labor and Industry; requiring a report; proposing coding for new law in
Minnesota Statutes, chapter 179.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [179.86] PACKINGHOUSE WORKERS BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "employer" means an
employer in the meatpacking industry.
new text end

new text begin Subd. 2. new text end

new text begin Right to adequate facilities. new text end

new text begin An employer must provide its employees:
new text end

new text begin (1) adequate and working restroom facilities;
new text end

new text begin (2) adequate room for meal and rest breaks;
new text end

new text begin (3) adequate locker facilities; and
new text end

new text begin (4) adequate time for necessary restroom breaks.
new text end

new text begin Subd. 3. new text end

new text begin Right to adequate equipment. new text end

new text begin An employer must furnish its employees
with equipment that is adequate to perform the job task assigned.
new text end

new text begin Subd. 4. new text end

new text begin Information provided to employee by employer. new text end

new text begin (a) An employer
must provide an explanation in an employee's native language of the employee's rights
and duties as an employee either person to person or through written materials that, at a
minimum, include:
new text end

new text begin (1) a complete description of the salary and benefits plans as they relate to the
employee;
new text end

new text begin (2) a job description for the employee's position;
new text end

new text begin (3) a description of leave policies;
new text end

new text begin (4) a description of the work hours and work hours policy; and
new text end

new text begin (5) a description of the occupational hazards known to exist for the position.
new text end

new text begin (b) The explanation must also include information on the following employee rights
as protected by state or federal law and a description of where additional information
about those rights may be obtained:
new text end

new text begin (1) the right to organize and bargain collectively;
new text end

new text begin (2) the right to a safe workplace; and
new text end

new text begin (3) the right to be free from discrimination.
new text end

new text begin Subd. 5. new text end

new text begin Civil action. new text end

new text begin A person aggrieved as a result of a violation of this section
may file suit in any district court of this state. If the court finds that the respondent has
intentionally violated this section, the court may award damages up to and including an
amount equal to the original damages and may provide injunctive relief.
new text end

new text begin Subd. 6. new text end

new text begin Criminal penalty. new text end

new text begin An employer who violates this section is guilty of a
misdemeanor.
new text end

Sec. 2.

new text begin [179.87] MEATPACKING INDUSTRY WORKERS RIGHTS
OMBUDSMAN.
new text end

new text begin Subdivision 1. new text end

new text begin Position established. new text end

new text begin The position of meatpacking industry workers
rights ombudsman is established within the Department of Labor and Industry. The
ombudsman shall be appointed by the senate.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The ombudsman shall inspect and review the practices and
procedures of meatpacking operations in the state. The ombudsman shall work to ensure
that the following workers rights are protected:
new text end

new text begin (1) the right to organize;
new text end

new text begin (2) the right to a safe workplace;
new text end

new text begin (3) the right to adequate facilities and the opportunity to use them;
new text end

new text begin (4) the right to complete information;
new text end

new text begin (5) the right to understand the information provided;
new text end

new text begin (6) the right to existing state and federal benefits and rights;
new text end

new text begin (7) the right to be free from discrimination;
new text end

new text begin (8) the right to continuing training, including training of supervisors;
new text end

new text begin (9) the right to compensation for work performed; and
new text end

new text begin (10) the right to seek state help.
new text end

new text begin Subd. 3. new text end

new text begin Access. new text end

new text begin The ombudsman or designated representatives of the ombudsman
shall have access to all meatpacking operations in the state at any time meatpacking
products are being processed and industry workers are on the job.
new text end

new text begin Subd. 4. new text end

new text begin Office. new text end

new text begin Necessary office space, furniture, equipment, and supplies as
well as necessary assistance for the ombudsman shall be provided by the Department of
Labor and Industry.
new text end

new text begin Subd. 5. new text end

new text begin Language preference. new text end

new text begin Preference shall be given to applicants for the
ombudsman position who are fluent in the Spanish language.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The ombudsman shall, on or before December 1 of each year,
submit a report to the members of the legislature and the governor regarding any
recommended actions the ombudsman deems necessary or appropriate to provide for the
fair treatment of workers in the meatpacking industry.
new text end