Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 213
Project labor agreements
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 2
§ 213. Project labor agreements. 1. For the purposes of this section,
"project labor agreement" shall mean a pre-hire collective bargaining
agreement between a contractor and the labor organization, including an
organization composed of more than one labor union, determined by the
franchise oversight board as representing the largest number of
employees likely to work on the project, establishing the labor
organization as the collective bargaining representative for all persons
who will perform work on the project, and which provides that only
contractors and subcontractors who sign a pre-negotiated agreement with
the labor organization can perform project work.

2. Notwithstanding the provisions of any general, special, or local
law to the contrary, in regard to the video gaming terminal facility or
related development at a thoroughbred racing facility:

(a) The franchise oversight board may require a contractor awarded a
contract, subcontract, lease, grant, bond, covenant or other agreement
for a project to enter into a project labor agreement during and for the
work involved with such project when such requirement is part of the
franchise oversight board's request for proposals for the project and
when the franchise oversight board determines that the record supporting
the decision to enter into such an agreement establishes that the
interests underlying the competitive bidding laws are best met by
requiring a project labor agreement including: obtaining the best work
at the lowest possible price; preventing favoritism, fraud and
corruption; the impact of delay; the possibility of cost savings; and
any local history of labor unrest.

(b) Any contract to which the franchise oversight board is a party,
and any contract entered into by a third party acting in place of, on
behalf of and for the benefit of the franchise oversight board pursuant
to any lease, permit or other agreement between such third party and the
franchise oversight board, for the construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration,
or improvement, of a project undertaken pursuant to this chapter, shall
be subject to all of the provisions of article eight of the labor law,
including the enforcement of prevailing wage requirements by the fiscal
officer as defined in paragraph e of subdivision five of section two
hundred twenty of the labor law to the same extent as a contract of the
state, and shall be deemed public work for purposes of such article.

(c) Every contract entered into by the franchise oversight board for a
project shall contain a provision that the contractor shall furnish a
labor and material bond guaranteeing prompt payment of moneys that are
due to all persons furnishing labor and materials pursuant to the
requirements of any contracts for a project undertaken pursuant to this
section and a performance bond for the faithful performance of the
project, which shall conform to the provisions of section one hundred
three-f of the general municipal law, and that a copy of such
performance and payment bonds shall be kept by the franchise oversight
board and shall be open to public inspection.

(d) For the purposes of article fifteen-A of the executive law, any
person entering into a contract for a project authorized pursuant to
this section shall be deemed a state agency as that term is defined in
such article and such contracts shall be deemed state contracts within
the meaning of that term as set forth in such article.

(e) Whenever the franchise oversight board enters into a contract,
subcontract, lease, grant, bond, covenant or other agreement for
construction, reconstruction, demolition, excavation, rehabilitation,
repair, renovation, alteration, or improvement with respect to each
project undertaken pursuant to this chapter, the franchise oversight
board shall consider the financial and organizational capacity of
contractors and subcontractors in relation to the magnitude of work they
may perform, the record of performance of contractors and subcontractors
on previous work, the record of contractors and subcontractors in
complying with existing labor standards and maintaining harmonious labor
relations, and the commitment of contractors to work with minority and
women owned business enterprises pursuant to article fifteen-A of the
executive law through joint ventures or subcontractor relationships.

(f) The franchise oversight board shall further require, on any
contract for construction in excess of three million dollars with
respect to any contract for construction, reconstruction, demolition,
excavation, rehabilitation, repair, renovation, alteration, or
improvement that each contractor and subcontractor shall participate in
apprentice training programs in the trades of work it employs that have
been approved by the department of labor for not less than three years.
The franchise oversight board shall further require that each contractor
and subcontractor shall have graduated at least one apprentice in the
last three years and shall have at least one apprentice currently
enrolled in such training program. Additionally it must be demonstrated
that the program has made significant efforts to attract and retain
minority apprentices, as determined by affirmative action goals
established for such programs by the department of labor.

(g) Whenever the franchise oversight board enters into a contract
under which employees are employed to perform building service work, as
that term is defined in section two hundred thirty of the labor law,
such work shall be subject to article nine of the labor law to the same
extent as building services work performed pursuant to a contract with a
public agency.

(h) All developers of and entities having an operational interest in
any hotel or video lottery terminal facility at a thoroughbred racing
facility in which the state has a proprietary interest or is otherwise
acting as a market participant must have entered into an agreement with
the labor organization(s) that is/are actively engaged in representing
and attempting to represent hotel service, food and beverage,
housekeeping, and gaming employees in New York city and the surrounding
areas and, where applicable, the Saratoga area that is valid and
enforceable under 29 U.S.C. section 185(a) and that prohibits any
strikes, picketing or other economic interference with the hotel or
video lottery terminal facility and ensures that any operations at the
hotel or video lottery terminal facilities involving the use of hotel or
video lottery terminal employees that are conducted by contractors,
subcontractors, licensees, assignees, tenants or subtenants, shall be
done under contracts enforceable under 29 U.S.C. section 185(a)
containing the same provisions as specified above.