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This entry was published on 2014-09-22
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Labor peace
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 4
§ 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

(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 entity the authority enters into an agreement with 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.