NY Rac, Pari-Mut Wag & Breeding L § 213 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 2 - Thoroughbred Racing and Breeding 213 - Project Labor Agreements.

§  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.