2023 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.