2879-B - Labor peace.

* § 2879-b. Labor peace. 1. As used in this section:    (a) "Contractor" means a company undertaking a covered project, or the  operator  of  a  hotel  or  convention  center that is part of a covered  project.    (b) "Substantial proprietary interest" means the authority:  (i)  owns  fee  title  or  a  leasehold  interest  in the project of at least forty  years; or (ii) provides financing for the  project,  whether  by  direct  loan  or indirectly by a guarantee, subsidy, deposit, credit enhancement  or similar method.    (c) "Covered project" means any project in which an  authority  enters  into  an  agreement  for  a development after the effective date of this  section, where: (i) a hotel is one of the  principal  functions  of  the  project;  (ii) the recipient of authority financing or its contractor or  subcontractor contracts for the development of such hotel or  convention  center;  (iii)  the  authority has a substantial proprietary interest in  the project, or in the hotel or convention center; and (iv) the hotel or  convention center will have more than fifteen employees.    (d) "Labor peace agreement" means an agreement between the  contractor  and  a  labor organization that represents a substantial number of hotel  or convention center employees in the state,  which  requires  that  the  labor  organization  and  its  members  refrain  from  engaging in labor  activity that will disrupt the hotel's  operations,  including  strikes,  boycotts,  work  stoppages,  corporate  campaigns,  picketing  or  other  economic action against the covered project.    (e) "Public authority" shall mean a state public authority.    2. No public authority shall enter  into  any  agreement  or  contract  under  which the public authority has a substantial proprietary interest  in a covered project unless the agreement  or  contract  requires  as  a  material  condition that the contractor or a subcontractor thereof enter  into a labor peace agreement with a labor organization  that  represents  hotel employees in the state, for a period of at least five years.    3.  Any contractor or subcontractor covered by subdivision two of this  section shall incorporate the terms of the labor peace agreement in  any  contract,    subcontract,    lease,   sublease,   operating   agreement,  concessionaire agreement, franchise  agreement  or  other  agreement  or  instrument  giving  a  right to any person or entity to own or operate a  hotel or convention center.    4. Notwithstanding any provision of this section, a  public  authority  may enter into an agreement or contract wherein the public authority has  a  substantial  proprietary  interest  in  a  covered  project without a  contractor entering into a  labor  peace  agreement,  if  the  authority  determines  that  the project would not be able to go forward if a labor  peace agreement was required, or the costs of the project to the  public  authority  would  be substantially increased by such requirement. Such a  determination shall be supported by a  written  finding  by  the  public  authority setting forth the specific basis for such determination, which  may  include  experience  with  similar  projects,  earlier requests for  proposal for the same project, or a  detailed  evaluation  of  potential  bidders.  Such  written  determination  shall  be included in any public  materials provided to any board or agency official  in  connection  with  the project and shall be maintained by the authority.    * NB Repealed June 30, 2012