News and Updates
The MN PAC Committee will be looking for extra help/support from the membership. This can be anything from attending PAC meetings/events, meeting with local politicians, and anything to help spread the concerns regarding the future of the Boilermakers. If you would be interested in something like this please contact Matt Olsen at 612-209-5290 or firstname.lastname@example.org.
Dear Brothers and Sisters,
In 2013, the California Legislature enacted, and the governor signed, Senate Bill 54. In 2014 when the legislation took effect California Law, SB 54 requires demands payment of prevailing wages, and that Oil Refineries use Skilled, Trained Workers with no less then or participating in an “Accredited Apprenticeship Program or Four-Year College Degree.
The bill was quite lengthy and very precise. It was a very vital piece of legislation for CA. It was a good victory for Public and Workplace Safety.
It was immediately decided that we needed Legislation like that for Minnesota. Since then, Martin Williams, with the Boilermakers MORE Work Investment Fund, Local 647 Lobbyist Joel Johnson, Luke Voigt, and I have put in a fair amount of time and effort getting legislation with similar language passed in Minnesota.
Now we need the help of the Membership! As a Local, we need to make our voice heard. We all need to call our local State Representative and have conversations about this. Below is a link to find out who your local State representatives are, each member has two State representatives, one for the House and one for the Senate. I ask that you read the language of these house bills and senate files, know and understand them. If you have any questions, please feel free to contact me. We really need to get this pushed through next session.
This Legislation passed overwhelming in the House and was passed in the Senate on June 18th. Only to be put into a guillotine by Senate Majority Leader Paul Gazelka and pulled back. Squashed from being heard again for the remainder of the current(past) session.
Our initiative was originally titled “Safe and Skilled Workplace Act” after being pulled back for language changes and passed from committee to committee. Its most recent title is “Refinery Safety Measure”. Next session it will have new bill and file numbers and may even be titled with a new name.
The language in the original introduction was far better for Public and Workplace Safety and was much broader in the scope of the different industries to be included under the act. I will put the current language as it is written following this letter.
This is very important for Labor in Minnesota. As in relation to “Right to Work” legislation, this may be something we as a Local need to meet up at the Capital for next session and demonstrate for.
Brothers and Sisters, this is something our Local needs to be involved with!
Again, if you have any questions, please feel free to call me.
Cell phone 612-209-5290
A bill for an act relating to labor and industry; requiring outside contractors to have
apprenticeship-level training to perform work at high-hazard facilities; amending
Minnesota Statutes 2020, section 177.27, subdivision 4; proposing coding for new
law in Minnesota Statutes, chapter 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
Subd. 4. Compliance orders. The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, and 181.987, or with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 or 181.987 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 or 181.987 and the order is final or the
commissioner and the employer have entered into a settlement agreement that required the
employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the commissioner.
EFFECTIVE DATE. This section is effective October 15, 2021.
Sec. 2. [181.987] USE OF SKILLED AND TRAINED CONTRACTOR
WORKFORCES AT OIL REFINERIES.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
the meanings given.
(b) "Contractor" means a vendor that enters into or seeks to enter into a contract with
an owner or operator of an oil refinery to perform construction, alteration, demolition,
installation, repair, maintenance, or hazardous material handling work at the site of the oil
refinery. Contractor includes all contractors or subcontractors of any tier performing work
as described in this paragraph at the site of the oil refinery. Contractor does not include
employees of the owner or operator of an oil refinery.
(c) "Registered apprenticeship program" means an apprenticeship program registered
with the Department of Labor and Industry under chapter 178 or with the United States
Department of Labor Office of Apprenticeship or a recognized state apprenticeship agency
under Code of Federal Regulations, title 29, parts 29 and 30.
(d) "Skilled and trained workforce" means a workforce in which a minimum of 85 percent
of the employees of the contractor or subcontractor of any tier working at the site of the oil
refinery meet one of the following criteria:
(1) are currently registered as apprentices in a registered apprenticeship program in the
(2) have graduated from a registered apprenticeship program in the applicable trade; or
(3) have completed all of the classroom training and work hour requirements needed to
graduate from the registered apprenticeship program their employer participates in.
Subd. 2. Use of contractors by owner, operator; requirement. (a) An owner or operator
of an oil refinery shall, when contracting with contractors for the performance of construction,
alteration, demolition, installation, repair, maintenance, or hazardous material handling
work at the site of the oil refinery, require that the contractors performing that work, and
any subcontractors of any tier, use a skilled and trained workforce when performing all
work at the site of the oil refinery.
(b) The requirement under this subdivision applies only when each contractor and
subcontractor of any tier is performing work at the site of the oil refinery.
Subd. 3. Penalties. The Division of Labor Standards shall receive complaints of violations
of this section. The commissioner of labor and industry shall fine an owner, operator,
contractor, or subcontractor of any tier not less than $5,000 nor more than $10,000 for each
violation of the requirements in this section. Each shift on which a violation of this section
occurs shall be considered a separate violation. This penalty is in addition to any penalties
provided under section 177.27, subdivision 7. In determining the amount of a civil penalty
under this subdivision, the appropriateness of the penalty to the size of the violator's business
and the gravity of the violation shall be considered.
Subd. 4. Civil actions. A person injured by a violation of this section may bring a civil
action for damages against an owner or operator of an oil refinery. The court may award to
a prevailing plaintiff under this subdivision damages, attorney fees, costs, disbursements,
and any other appropriate relief as otherwise provided by law.
EFFECTIVE DATE. This section is effective October 15, 2021.