Chapter 13.18
PROTECTION OF CONTRACT REVENUES—HOSPITALITY OPERATIONS

Sections:

13.18.010    Findings and purpose.

13.18.020    Labor activity pledges required.

13.18.030    Definitions.

13.18.010 Findings and purpose.

A.    When the city has a financial or proprietary interest in a project that includes hospitality operations such as hotels, restaurants, bars, clubs, and food and beverage operations and when the revenues generated by such operations are necessary to defray the public costs incurred in the construction or maintenance of such projects or when such revenues are necessary to fund lease, rental or license payments to the city, it is essential to the public fiscal welfare that the revenue stream to so defray or fund not be interrupted or in any manner be affected by labor disputes.

B.    The city has found that the only effective way to avoid such disputes is to require employers and others to be signatory to collective bargaining agreements or other agreements under 29 U.S.C. Section 185(a) with unions representing or seeking to represent employees who will staff the hospitality operations described hereinabove, which agreements prohibit the union and its members, and in the case of collective bargaining agreements all employees covered by such agreements from engaging in picketing, work stoppages, boycotts or other economic interference with the business of said employers, for the duration of the hospitality operation so long as such operation is producing a revenue stream to city, as described above, and to provide instead for alternative dispute resolution for all employment disputes including unresolved negotiations.

C.    It is the purpose of this chapter to require collective bargaining or other agreements as described above, to ensure continuous provision of employee services and consequent assurance that the city will continue to receive agreed upon revenue to defray financial obligations and to fund public services. (Ord. 2001-10 § 1 (part), 2001)

13.18.020 Labor activity pledges required.

A.    All contractors shall be or become signatory to valid collective bargaining agreements or other contracts under 29 U.S.C. §185(a) with any labor organization representing or seeking to represent hospitality workers employed in contractor’s hospitality operations in a capital project or under a revenue producing contract as a condition precedent to its contract or subcontract with city.

B.    Each collective bargaining agreement or contract shall include a provision prohibiting the labor organization and its members, and in the case of a collective bargaining agreement, all employees covered by the agreement, from engaging in any picketing, work stoppages, boycotts or any other economic interference with the hospitality operations of contractor or any persons under contract to it for the duration of the time required for the repayment of public indebtedness incurred to finance the acquisition or development of a capital project, or for the duration of contractor’s contract or contracts with the city for the operation of a revenue producing contract. Each agreement must provide that during the prescribed period, all disputes relating to employment conditions or the negotiation thereof shall be submitted to final and binding arbitration.

C.    All contractors shall require that any work under contract or contracts with city to be done by contractors’ contractors, subcontractors, tenants or subtenants, licensees or sublicensees shall be done under collective bargaining agreements or other contracts under 29 U.S.C. § 185(a) containing the same provisions as specified above in this section.

D.    A contractor shall be relieved of the obligations of this section with respect to a labor organization if the labor organization places conditions upon its strike and/or labor activity pledge that the council finds, after notice and bearing, to be arbitrary or capricious. (Ord. 2001-10 § 1 (part), 2001)

13.18.030 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A.    “Contractor” means any person party to a contract.

B.    “Contract” means (1) any contract, lease or license from city to use any city property for hospitality operations; (2) any contract, lease or license pursuant to which city is entitled to receive as rents, royalties, payments in connection with financing provided by or through city, or other income, a percentage of the revenues of an enterprise of which hospitality operations are any part, including but not limited to a contract for all or part of a capital project or revenue producing contract; or (3) any subcontract, sublease, sublicense, management agreement or other transfer or assignment or any right, title or interest received from city pursuant to any of the foregoing contracts, leases, or licenses.

C.    “Hospitality operations” means hotels or motels, providing lodging and other guest accommodations, and restaurants, bars, clubs, cafeterias and food and beverage operations, but does not include sport stadium operations.

D.    “Collective bargaining agreement” means a collective bargaining agreement entered into between the person contracting or subcontracting to provide services and a labor organization lawfully serving as the exclusive collective bargaining representative for the employees who provide or will provide services pursuant to such a contract.

E.    “Contract under 29 U.S.C. § 185(a)” means a contract to which 29 U.S.C. § 185(a) applies, as that provision has been interpreted by the courts of competent jurisdiction.

F.    “Capital project” means a project financed by debt or by other funds and which meets all of the following:

1.    Is an undertaking to construct, repair, renovate, improve, equip, furnish or acquire any

a.    building, structure, facility or other physical public improvement;

b.    land or rights in land; or

c.    furnishings, machinery, apparatus or equipment for a building, structure, facility or other physical public improvement.

2.    Has an estimated useful life in excess of five years.

3.    Has an estimated financial cost in excess of one hundred thousand dollars. This definition does not apply to original equipment or furnishings for previously authorized public improvement projects.

G.    “Revenue producing contracts” means all contracts that produce revenue for city or involve payment of money or monies to city other than taxes.

H.    “Hospitality workers” means all full-time or part-time employees in a hospitality operation, except supervisors, managers and guards. (Ord. 2001-10 § 1 (part), 2001)