§ 2879-B — Labor peace

§ 2879-b. Labor peace. 1. As used in this section:\n (a) "Contractor" means a company undertaking a covered project, or the\noperator of a hotel or convention center that is part of a covered\nproject.\n (b) "Substantial proprietary interest" means the authority: (i) owns\nfee title or a leasehold interest in the project of at least forty\nyears; or (ii) provides financing for the project, whether by direct\nloan or indirectly by a guarantee, subsidy, deposit, credit enhancement\nor similar method.\n (c) "Covered project" means any project in which an authority enters\ninto an agreement for a development after the effective date of this\nsection, where: (i) a hotel is one of the principal functions of the\nproject; (ii) the entity the authority enters into an agreement with or\nits contractor or subcontractor contracts for the development of such\nhotel or convention center; (iii) the authority has a substantial\nproprietary interest in the project, or in the hotel or convention\ncenter; and (iv) the hotel or convention center will have more than\nfifteen employees.\n (d) "Labor peace agreement" means an agreement between the contractor\nand a labor organization that represents a substantial number of hotel\nor convention center employees in the state, which requires that the\nlabor organization and its members refrain from engaging in labor\nactivity that will disrupt the hotel's operations, including strikes,\nboycotts, work stoppages, corporate campaigns, picketing or other\neconomic action against the covered project.\n (e) "Public authority" shall mean a state public authority.\n 2. No public authority shall enter into any agreement or contract\nunder which the public authority has a substantial proprietary interest\nin a covered project unless the agreement or contract requires as a\nmaterial condition that the contractor or a subcontractor thereof enter\ninto a labor peace agreement with a labor organization that represents\nhotel employees in the state, for a period of at least five years.\n 3. Any contractor or subcontractor covered by subdivision two of this\nsection shall incorporate the terms of the labor peace agreement in any\ncontract, subcontract, lease, sublease, operating agreement,\nconcessionaire agreement, franchise agreement or other agreement or\ninstrument giving a right to any person or entity to own or operate a\nhotel or convention center.\n 4. Notwithstanding any provision of this section, a public authority\nmay enter into an agreement or contract wherein the public authority has\na substantial proprietary interest in a covered project without a\ncontractor entering into a labor peace agreement, if the authority\ndetermines that the project would not be able to go forward if a labor\npeace agreement was required, or the costs of the project to the public\nauthority would be substantially increased by such requirement. Such a\ndetermination shall be supported by a written finding by the public\nauthority setting forth the specific basis for such determination, which\nmay include experience with similar projects, earlier requests for\nproposal for the same project, or a detailed evaluation of potential\nbidders. Such written determination shall be included in any public\nmaterials provided to any board or agency official in connection with\nthe project and shall be maintained by the authority.\n