NY Rac, Pari-Mut Wag & Breeding L § 1346 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 13 - Destination Resort Gaming Title 5 - Requirements for Conduct and Operation of Gaming 1346 - Labor Peace Agreements for Certain Facilities.

§  1346.  Labor peace agreements for certain facilities. 1. As used in this section:  (a) "Gaming facility" means any gaming facility licensed  pursuant  to this  article or a video lottery gaming facility as may be authorized by paragraph three of subdivision (a) of section one thousand  six  hundred seventeen-a  of  the  tax  law,  as  amended  by section nineteen of the chapter of the laws of two thousand thirteen  that  added  this  section licensed  by  the  commission.  A  gaming facility shall not include any horse racing, bingo or charitable games of chance, the state lottery for education, or any gaming facility  operating  pursuant  to  the  federal Indian Gaming Regulatory Act, 25 U.S.C. § 2710 et seq. A gaming facility shall  include  any  hospitality  operation  at or related to the gaming facility.  (b) "Labor peace agreement" means an agreement  enforceable  under  29 U.S.C.  §  185(a)  that,  at a minimum, protects the state's proprietary interests by prohibiting labor organizations and members  from  engaging in   picketing,   work  stoppages,  boycotts,  and  any  other  economic interference with operation of the relevant gaming facility.  (c) "License" means any permit, license, franchise or allowance of the commission and shall include any franchisee or permittee.  (d)  "Proprietary  interest"  means  an  economic  and  non-regulatory interest  at  risk  in the financial success of the gaming facility that could be adversely affected by labor-management conflict, including  but not  limited  to  property  interests, financial investments and revenue sharing.   2. The state legislature finds that the gaming industry constitutes  a vital  sector  of  New York's overall economy and that the state through its operation of lotteries and video lottery facilities and through  its ownership  of  the  properties utilized for horse racing by The New York Racing Association Inc. has  a  significant  and  ongoing  economic  and non-regulatory  interest  in the financial viability and competitiveness of the gaming industry. The state legislature  further  finds  that  the award  or  grant  of  a  license  by  the commission to operate a gaming facility is a significant state action and that the commission must make prudent and efficient decisions to maximize the  benefits  and  minimize the  risks  of  gaming.  The  state  legislature further recognizes that casino gaming industry integration can provide a vital  economic  engine to  assist, nurture, develop, and promote regional economic development, the state tourism  industry  and  the  growth  of  jobs  in  the  state. Additionally, the state legislature also finds revenues derived directly by  the state from such gaming activity will be shared from gross gaming receipts, after payout of prizes but prior to deductions for operational expenses.   Therefore,  the  state  legislature  finds  that  the  state   has   a substantial  and  compelling proprietary interest in any license awarded for the operation of a gaming facility within the state.   3. The commission shall require any applicant for  a  gaming  facility license  who has not yet entered into a labor peace agreement to produce an affidavit stating it shall enter into a labor  peace  agreement  with labor  organizations  that  are  actively  engaged  in  representing  or attempting to represent gaming or hospitality industry  workers  in  the state.  In  order  for the commission to issue a gaming facility license and for operations to commence, the  applicant  for  a  gaming  facility license  must  produce  documentation  that  it has entered into a labor peace agreement with each labor organization that is actively engaged in representing and attempting to represent gaming and hospitality industry workers in the state. The commission shall make the maintenance of  such a labor peace agreement an ongoing material condition of licensure.    A  license  holder  shall,  as a condition of its license, ensure that operations at the gaming facility that  are  conducted  by  contractors, subcontractors,  licensees,  assignees,  tenants  or subtenants and that involve gaming or hospitality industry employees shall be done  under  a labor peace agreement containing the same provisions as specified above.   4.  If  otherwise  applicable, capital projects undertaken by a gaming facility shall be subject to article eight of the labor law and shall be subject to the  enforcement  of  prevailing  wage  requirements  by  the department of labor.   5.  If  otherwise  applicable, capital projects undertaken by a gaming facility shall be subject to section one hundred  thirty-  five  of  the state finance law.   6.  If  otherwise  applicable,  any  gaming  facility  entering into a contract for a gaming facility capital project shall be deemed to  be  a state  agency, and such contract shall be deemed to be a state contract, for purposes of article fifteen-A of the executive law and  section  two hundred twenty-two of the labor law.