§ 39.40. Transition employment period.

For all service contracts to be performed for the City of Minneapolis, the following provisions shall apply:

(a)

The City of Minneapolis shall give advance notice to a service contractor, and to any collective bargaining representative of any of the service contractor's employees performing work under the contract, that the service contractor's contract will be terminated or will end and shall further provide the identity, address and telephone number of the successor contractor or contractors. Notice by the city shall be given as much as reasonably practicable under the circumstances and in no event less than thirty (30) calendar days prior to the termination or end of the service contract.

(b)

Where the City of Minneapolis has given notice to a service contractor that a service contract has been terminated or ended, the terminated or ending contractor shall, within seven (7) calendar days after receipt of such notice, provide to the successor contractor, the name, date of hire, and employment occupation classification of each employee employed at the site or sites covered by the predecessor contractor at the time of receiving said notice.

(c)

On that date said contract terminates or ends, the terminated or ending contractor shall update the information previously provided to make it current to the actual termination date.

(d)

If the terminated or ending contractor has not learned the identity of the successor contractor, the terminated or ending contractor shall provide such information to the City of Minneapolis and the city shall be responsible for providing such information to the successor contractor as soon as that contractor has been selected.

(e)

A successor contractor who is awarded a service contract to provide services provided by a contractor shall retain, for a ninety (90) calendar day transition employment period, covered employees who have been employed by the previous contractor at the site or sites covered by the contract. Retained employees shall be required to pass the successor contractor's normal selection and hiring processes, including but not limited to background checks and drug screening, before becoming employed by the successor contractor. Any employee who does not pass such processes shall not be hired by the successor contractor.

(f)

If at any time, the successor contractor determines that fewer employees are required to perform the new service contract than were required by the previous contractor, the successor contractor shall retain employees by seniority within job classification.

(g)

During the ninety (90) calendar day transition employment period, the successor contractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor from which the successor contractor shall hire additional qualified employees.

(h)

Except as provided in subsection (f) in this section, the successor contractor shall not discharge an employee retained pursuant to this chapter during the ninety (90) calendar day transition period without cause.

(i)

At the end of the 90 calendar day transition employment period, an employee retained pursuant to this chapter may be removed from the position at the discretion of the successor contractor. If the employee's performance during the ninety (90) calendar day transition employment period is satisfactory, the successor contractor shall offer the employee continued employment under the terms and conditions established by the successor contractor. (2010-Or-049, § 1, 5-28-10)