NY Pub Auth L § 2879-B (2021)
2021 New York Laws PBA - Public Authorities Article 9 - General Provisions Title 4 - Contracts of Public Authorities 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 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.