Senate amends railroad trespass bill to include employee representatives after Weingarten argument

House Bill 252, a measure that would make entering railroad right-of-way a criminal trespass offense in many circumstances, was debated on the Senate floor and amended to add a provision about employee representatives.

Sponsor Senator Valentine told the Senate HB252 prohibits pedestrians and vehicles from trespassing on railroad tracks, rights-of-way and related property, making unauthorized presence a criminal trespass. Senators raised practical questions about ordinary activities — fishing across tracks or children crossing tracks to get to school — and asked whether the railroad must post signage; the sponsor said the bill as drafted does not require signage and that the language could criminalize many activities where a person crosses railroad property.

Senator Maine offered Amendment 2 to add 'employees representative' to the invitee exception, arguing the U.S. Supreme Court’s 1975 decision in NLRB v. J. Weingarten, Inc., supports an employee's right to union representation in investigatory settings and that representatives should be allowed onto railroad property in those safety- and incident-response contexts. Senator Valentine said the bill as-written did not abridge Weingarten rights and that the amendment would extend representation rights beyond the narrow scope of Weingarten. The Senate adopted Amendment 2 and later circled the bill for further consideration.

Provenance: HB252 introduced and debated beginning at SEG 745; the Maine amendment presentation and vote appear beginning SEG 1350 and the amendment was adopted by voice vote (SEG 1460–1463).