2023 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.