§ 213 — Project labor agreements

§ 213. Project labor agreements. 1. For the purposes of this section,\n"project labor agreement" shall mean a pre-hire collective bargaining\nagreement between a contractor and the labor organization, including an\norganization composed of more than one labor union, determined by the\nfranchise oversight board as representing the largest number of\nemployees likely to work on the project, establishing the labor\norganization as the collective bargaining representative for all persons\nwho will perform work on the project, and which provides that only\ncontractors and subcontractors who sign a pre-negotiated agreement with\nthe labor organization can perform project work.\n 2. Notwithstanding the provisions of any general, special, or local\nlaw to the contrary, in regard to the video gaming terminal facility or\nrelated development at a thoroughbred racing facility:\n (a) The franchise oversight board may require a contractor awarded a\ncontract, subcontract, lease, grant, bond, covenant or other agreement\nfor a project to enter into a project labor agreement during and for the\nwork involved with such project when such requirement is part of the\nfranchise oversight board's request for proposals for the project and\nwhen the franchise oversight board determines that the record supporting\nthe decision to enter into such an agreement establishes that the\ninterests underlying the competitive bidding laws are best met by\nrequiring a project labor agreement including: obtaining the best work\nat the lowest possible price; preventing favoritism, fraud and\ncorruption; the impact of delay; the possibility of cost savings; and\nany local history of labor unrest.\n (b) Any contract to which the franchise oversight board is a party,\nand any contract entered into by a third party acting in place of, on\nbehalf of and for the benefit of the franchise oversight board pursuant\nto any lease, permit or other agreement between such third party and the\nfranchise oversight board, for the construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration,\nor improvement, of a project undertaken pursuant to this chapter, shall\nbe subject to all of the provisions of article eight of the labor law,\nincluding the enforcement of prevailing wage requirements by the fiscal\nofficer as defined in paragraph e of subdivision five of section two\nhundred twenty of the labor law to the same extent as a contract of the\nstate, and shall be deemed public work for purposes of such article.\n (c) Every contract entered into by the franchise oversight board for a\nproject shall contain a provision that the contractor shall furnish a\nlabor and material bond guaranteeing prompt payment of moneys that are\ndue to all persons furnishing labor and materials pursuant to the\nrequirements of any contracts for a project undertaken pursuant to this\nsection and a performance bond for the faithful performance of the\nproject, which shall conform to the provisions of section one hundred\nthree-f of the general municipal law, and that a copy of such\nperformance and payment bonds shall be kept by the franchise oversight\nboard and shall be open to public inspection.\n (d) For the purposes of article fifteen-A of the executive law, any\nperson entering into a contract for a project authorized pursuant to\nthis section shall be deemed a state agency as that term is defined in\nsuch article and such contracts shall be deemed state contracts within\nthe meaning of that term as set forth in such article.\n (e) Whenever the franchise oversight board enters into a contract,\nsubcontract, lease, grant, bond, covenant or other agreement for\nconstruction, reconstruction, demolition, excavation, rehabilitation,\nrepair, renovation, alteration, or improvement with respect to each\nproject undertaken pursuant to this chapter, the franchise oversight\nboard shall consider the financial and organizational capacity of\ncontractors and subcontractors in relation to the magnitude of work they\nmay perform, the record of performance of contractors and subcontractors\non previous work, the record of contractors and subcontractors in\ncomplying with existing labor standards and maintaining harmonious labor\nrelations, and the commitment of contractors to work with minority and\nwomen owned business enterprises pursuant to article fifteen-A of the\nexecutive law through joint ventures or subcontractor relationships.\n (f) The franchise oversight board shall further require, on any\ncontract for construction in excess of three million dollars with\nrespect to any contract for construction, reconstruction, demolition,\nexcavation, rehabilitation, repair, renovation, alteration, or\nimprovement that each contractor and subcontractor shall participate in\napprentice training programs in the trades of work it employs that have\nbeen approved by the department of labor for not less than three years.\nThe franchise oversight board shall further require that each contractor\nand subcontractor shall have graduated at least one apprentice in the\nlast three years and shall have at least one apprentice currently\nenrolled in such training program. Additionally it must be demonstrated\nthat the program has made significant efforts to attract and retain\nminority apprentices, as determined by affirmative action goals\nestablished for such programs by the department of labor.\n (g) Whenever the franchise oversight board enters into a contract\nunder which employees are employed to perform building service work, as\nthat term is defined in section two hundred thirty of the labor law,\nsuch work shall be subject to article nine of the labor law to the same\nextent as building services work performed pursuant to a contract with a\npublic agency.\n (h) All developers of and entities having an operational interest in\nany hotel or video lottery terminal facility at a thoroughbred racing\nfacility in which the state has a proprietary interest or is otherwise\nacting as a market participant must have entered into an agreement with\nthe labor organization(s) that is/are actively engaged in representing\nand attempting to represent hotel service, food and beverage,\nhousekeeping, and gaming employees in New York city and the surrounding\nareas and, where applicable, the Saratoga area that is valid and\nenforceable under 29 U.S.C. section 185(a) and that prohibits any\nstrikes, picketing or other economic interference with the hotel or\nvideo lottery terminal facility and ensures that any operations at the\nhotel or video lottery terminal facilities involving the use of hotel or\nvideo lottery terminal employees that are conducted by contractors,\nsubcontractors, licensees, assignees, tenants or subtenants, shall be\ndone under contracts enforceable under 29 U.S.C. section 185(a)\ncontaining the same provisions as specified above.\n