§ 1346 — Labor peace agreements for certain facilities

New York § 1346

• Jurisdiction: New York
• Law PML: Racing, Pari-Mutuel Wagering and Breeding Law
• Title 5: Requirements For Conduct and Operation of Gaming
• Art. 13: Destination Resort Gaming

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§ 1346. Labor peace agreements for certain facilities. 1. As used in\nthis section:\n (a) "Gaming facility" means any gaming facility licensed pursuant to\nthis article or a video lottery gaming facility as may be authorized by\nparagraph three of subdivision (a) of section one thousand six hundred\nseventeen-a of the tax law, as amended by section nineteen of the\nchapter of the laws of two thousand thirteen that added this section\nlicensed by the commission. A gaming facility shall not include any\nhorse racing, bingo or charitable games of chance, the state lottery for\neducation, or any gaming facility operating pursuant to the federal\nIndian Gaming Regulatory Act, 25 U.S.C. § 2710 et seq. A gaming facility\nshall include any hospitality operation at or related to the gaming\nfacility.\n (b) "Labor peace agreement" means an agreement enforceable under 29\nU.S.C. § 185(a) that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference with operation of the relevant gaming facility.\n (c) "License" means any permit, license, franchise or allowance of the\ncommission and shall include any franchisee or permittee.\n (d) "Proprietary interest" means an economic and non-regulatory\ninterest at risk in the financial success of the gaming facility that\ncould be adversely affected by labor-management conflict, including but\nnot limited to property interests, financial investments and revenue\nsharing.\n 2. The state legislature finds that the gaming industry constitutes a\nvital sector of New York's overall economy and that the state through\nits operation of lotteries and video lottery facilities and through its\nownership of the properties utilized for horse racing by The New York\nRacing Association Inc. has a significant and ongoing economic and\nnon-regulatory interest in the financial viability and competitiveness\nof the gaming industry. The state legislature further finds that the\naward or grant of a license by the commission to operate a gaming\nfacility is a significant state action and that the commission must make\nprudent and efficient decisions to maximize the benefits and minimize\nthe risks of gaming. The state legislature further recognizes that\ncasino gaming industry integration can provide a vital economic engine\nto assist, nurture, develop, and promote regional economic development,\nthe state tourism industry and the growth of jobs in the state.\nAdditionally, the state legislature also finds revenues derived directly\nby the state from such gaming activity will be shared from gross gaming\nreceipts, after payout of prizes but prior to deductions for operational\nexpenses.\n Therefore, the state legislature finds that the state has a\nsubstantial and compelling proprietary interest in any license awarded\nfor the operation of a gaming facility within the state.\n 3. The commission shall require any applicant for a gaming facility\nlicense who has not yet entered into a labor peace agreement to produce\nan affidavit stating it shall enter into a labor peace agreement with\nlabor organizations that are actively engaged in representing or\nattempting to represent gaming or hospitality industry workers in the\nstate. In order for the commission to issue a gaming facility license\nand for operations to commence, the applicant for a gaming facility\nlicense must produce documentation that it has entered into a labor\npeace agreement with each labor organization that is actively engaged in\nrepresenting and attempting to represent gaming and hospitality industry\nworkers in the state. The commission shall make the maintenance of such\na labor peace agreement an ongoing material condition of licensure.\n A license holder shall, as a condition of its license, ensure that\noperations at the gaming facility that are conducted by contractors,\nsubcontractors, licensees, assignees, tenants or subtenants and that\ninvolve gaming or hospitality industry employees shall be done under a\nlabor peace agreement containing the same provisions as specified above.\n 4. If otherwise applicable, capital projects undertaken by a gaming\nfacility shall be subject to article eight of the labor law and shall be\nsubject to the enforcement of prevailing wage requirements by the\ndepartment of labor.\n 5. If otherwise applicable, capital projects undertaken by a gaming\nfacility shall be subject to section one hundred thirty- five of the\nstate finance law.\n 6. If otherwise applicable, any gaming facility entering into a\ncontract for a gaming facility capital project shall be deemed to be a\nstate agency, and such contract shall be deemed to be a state contract,\nfor purposes of article fifteen-A of the executive law and section two\nhundred twenty-two of the labor law.\n