N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 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.