Executive Order No. 19 of 2016 mandates that certain developers of economic development projects receiving $1 million or more in financial assistance from the City must require large retail and food service tenants to enter into labor peace agreements with labor organizations seeking to represent their employees working on the premises of such development projects. The labor peace agreement between the retail or food service employer and the labor organization must, at a minimum, require that the labor organization and its members agree to refrain from picketing, works stoppages, boycotts or other economic interference, and that the employer agrees to maintain a neutral posture with respect to efforts by the labor organization to represent their employees. The proposed legislation would expand the labor peace requirement to additional employers at such economic development projects, including other tenants, subtenants and concessionaires, and to City human services contractors.
- Filed (End of Session)
History
Int. No. 1804
By Council Members Johnson, Lander, Williams and Rosenthal
A Local Law to amend the administrative code of the city of New York, in relation to requiring employers at certain economic development projects and city human services contractors to enter into labor peace agreements
Be it enacted by the Council as follows:
Section 1. Subdivision a of section 6-109 of the administrative code of the city of New York is amended by adding new paragraphs (20) and (21) to read as follows:
(20) “Labor Organization” has the same meaning as set forth in subdivision (5) of section 152 of title 29 of the United States code.
(21) “Labor Peace Agreement” means an agreement between a covered employer and a labor organization that represents employees who perform the type(s) of work to be performed pursuant to the city service contract, where such agreement requires that the labor organization and its members agree to refrain from picketing, work stoppages, boycotts or other economic interference against the covered employer and that the covered employer maintain a neutral posture with respect to efforts by the labor organization to represent covered employees, allow access to workers and agree to card check neutrality.
§ 2. Subdivision b of section 6-109 of the administrative code of the city of New York is amended by adding a new paragraph (7) to read as follows:
(7) Labor Peace Required. Contracting agencies shall require each covered employer subject to the requirements of subparagraph (a) of paragraph (1) of subdivision b of this section to enter into a labor peace agreement with a labor organization that seeks to represent its covered employees for a period of at least five years.
§ 3. Subdivision b of section 6-134 of the administrative code of the city of New York is amended by adding new paragraphs (14) and (15) to read as follows:
(14) “Labor organization” has the same meaning as set forth in subdivision (5) of section 152 of title 29 of the United States code.
(15) “Labor peace agreement” means an agreement between a covered employer and a labor organization that represents individuals who perform the type(s) of work to be performed on the premises of property improved or developed with financial assistance, where such agreement requires that the labor organization and its members agree to refrain from picketing, work stoppages, boycotts or other economic interference against the covered employer and that the covered employer agree to maintain a neutral posture with respect to efforts by the labor organization to represent its employees, allow access to workers and agree to card check neutrality.
§ 4. Paragraph (3) of subdivision c of section 6-134 of the administrative code of the city of New York, as added by local law number 37 for the year 2012, is amended to read as follows:
(3) Financial assistance recipients shall require each covered employer operating on the premises of property improved or developed with financial assistance to enter into a labor peace agreement with a labor organization that seeks to represent its employees.
(4) The requirements of this section shall apply for the term of the financial assistance or for [ten] 10 years, whichever is longer, from the date of commencement of the project subject to a project agreement or the date the project subject to a project agreement commences operations, whichever is later.
§ 5. This local law does not apply to city service contracts entered into or projects authorized or financial assistance awarded prior to the effective date of this local law. This local law shall not be applied in a manner that interferes with contracts or agreements entered into by the city or a city economic development entity before the effective date of this local law.
§ 6. This local law takes effect on the same date that a local law amending the administrative code of the city of New York, in relation to increasing the living wage and expanding the class of covered employers to conform to executive order number 7 for the year 2014, as proposed in introduction number XX for the year 2017, takes effect.
MHL
LS #545
12/14/17 12:41 p.m.