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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Article 917 entitled “Economic Policy,” by providing for a new § 917.03, “Protection of County's Financial or Proprietary Interest” requiring contractors and employers to be signatory to collective bargaining agreements.
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WHEREAS, the County of Allegheny has a financial or proprietary interest in certain capital projects which may include hospitality operations such as hotels, motels, restaurants, bars, clubs, and food and beverage operations; and
WHEREAS, the revenues generated by such operations will be used to defray the public costs incurred in the construction and maintenance of such capital projects as well as to fund lease, rental, or license payments to the County; and
WHEREAS, it is essential that such operations be conducted efficiently and without interruption and that no labor disputes affecting such operations impact the revenues of other parts of such capital projects which would, in turn, adversely affect the revenue stream to government; and
WHEREAS, the County has found that efficient and uninterrupted operation of hospitality services may be threatened by labor disputes and has found that the only way to avoid this problem is by requiring contractors and employers or employees hired to staff hospitality operations to be signatory to collective bargaining agreements or other contracts under 29 U.S.C. § 185(a) which prohibit engaging in picketing, work stoppages, boycotts, or other economic interference with the business of said contractors and employers; and
WHEREAS, such prohibition, when accompanied by alternative dispute resolution provisions for all employment disputes, including unresolved negotiations, is the only method of insuring continuous provisions of services under County contracts.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Article 917 of the Administrative Code is amended to add a new § 917.03 as follows:
§ 917.03. Protection of County's financial or proprietary interest.
A. Definitions
The following terms, when used in this section, shall have the following meanings:
CONTRACT - Any contract, lease, or license from the County to use any County property for the conduct of hospitality operations, or under any contract, lease, or license pursuant to which the County is entitled to receive as rents, royalties, or other income a percentage of the revenues of an enterprise, or any payments in connection with financing provided by or through the County, or any subcontract, sublease, sublicense, or other transfer or assignment of any right, title, or interest received from the County pursuant to any such contract, lease, or license.
CONTRACTOR - Any person party to a contract.
EMPLOYER - An employer of employees hired to staff or work at a hospitality operation.
HOSPITALITY OPERATIONS - Hotels or motels providing lodging and other guest accommodations, restaurants, bars, clubs, cafeterias, and food and beverage operations. This term shall not include sport stadium operations.
HOSPITALITY WORKERS - All full-time or part-time employees in a hospitality operation, except supervisors, managers, and guards.
VALID COLLECTIVE BARGAINING AGREEMENT - A collective bargaining agreement entered into between the person contracting or subcontracting to provide services and a labor organization lawfully serving a the exclusive collective bargaining representative for the employees who provide or will provide services pursuant to such a contract.
B. Union Contracts to Contain No Work Stoppage and Arbitration Provisions
1. Each and every contractors and employer of employees hired to staff hospitality operations shall be or shall become signatory to valid collective bargaining agreements or other contracts under 29 U.S.C. § 185 with any labor organization seeking to represent hospitality workers employed in the contractor's and/or employer's hospitality operations in a capital project as a condition precedent to its contract with the County of Allegheny.
2. Each collective bargaining agreement or contract must contain a provision prohibiting the labor organization and its members, and in the case of a collective bargaining agreement, all employees covered by the agreement, from engaging from any picketing, work stoppages, boycotts, or other economic interference with the hospitality operations of the contractor, any person under contract to the contractor, or employer.
3. Such provision (the “No-Strike Pledge) shall be for the duration of the time required for the repayment of public indebtedness incurred to finance the acquisition or development of such capital project, or for the duration of the contractor's contract or contracts with the County for operation of such capital project, whichever period of time is more extensive.
4. Each agreement must provide that during this time period, all disputes relating to employment conditions or the negotiation thereof shall be submitted to final and binding arbitration.
5. Each and every contractor and employer of employees hired to staff hospitality operations shall require that any work under its contract or contracts with the County be done by the contractor's or employer's contractors, subcontractors, tenants, or subtenants shall be done under collective bargaining agreements or other contracts under 29 U.S.C. § 185 containing the same provisions as specified above.
6. A contractor or employer shall be relieved of the obligations of this section with respect to a labor organization if the labor organization places conditions upon its No-Strike Pledge that the County finds, after notice and hearing, to be arbitrary or capricious.
SECTION 2. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 3. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.