Senate File 2364 H-8220 Amend Senate File 2364, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 9, after line 33 by inserting: 3 < Sec. ___. NEW SECTION . 26A.5 Employee rights during 4 infectious disease emergencies. 5 1. For purposes of this section, “period of infectious 6 disease emergency” means that period of time that a disease or 7 virus determined to be life-threatening to a person exposed to 8 the disease or virus has been declared a pandemic, epidemic, or 9 public health emergency by the federal government, governor, or 10 local public health authorities. 11 2. Except as prohibited by federal law, an employee 12 performing work during a period of infectious disease emergency 13 on a public improvement subject to a guaranteed maximum price 14 contract shall have all of the following rights: 15 a. Any collective bargaining agreement entered into by 16 employees performing work on a public improvement subject to 17 a guaranteed maximum price contract shall not be modified or 18 terminated by the employer, including pursuant to bankruptcy 19 proceedings, unless the employer does so pursuant to the terms 20 provided in the contract. 21 b. An employee shall have access to an employee 22 representative upon request. An employee, employer, or 23 employer representative shall not threaten, or discourage in 24 any way, an employee from communicating with the employee 25 representative. 26 c. An employee representative shall have access to the 27 workplace to verify that proper safety protocols are being 28 observed. 29 d. An employee representative may interview employees during 30 their shift without the employer or an employer representative 31 present. Such interviews shall be confidential. An employer 32 shall not threaten an employee to coerce the employee into 33 divulging the content of the conversation. 34 e. An employer shall remain neutral in employee collective 35 -1- SF2364.4115 (2) 88 ec/rn 1/ 2 #1.