Chapter 16.59 — WORKER RETENTION AT THE AIRPORT AND THE LONG BEACH CONVENTION

A.

The City Council finds that the prospect of massive displacement of the large existing workforces at food and beverage concessions at the Long Beach Airport and Long Beach Convention Center would likely cause severe injury to the City's economy and impose significant burdens upon society such as welfare and public health expenses and security risks at such facilities. The City Council finds this policy is the only realistic means of preventing such displacement.

B.

The City Council finds that the regulation of worker retention at food and beverage concessions should proceed initially only at the Airport and Convention Center due to factors unique to the businesses at such facilities, including their superior location and ability to pay thanks to large City investments and City policies limiting access to such facilities for competitors, the competency of their existing workforces (including their security clearances and demonstrated record in preserving Airport security), the greater likelihood of mass displacement at these workplaces compared to most others within the City (especially given the large number of persons capable of taking these jobs), and the negative impact on City revenues should new employers refuse to rehire existing workers and thereby spur boycott activities by displaced workers and their organizations.

C.

The City Council wishes to fully assess economic and social impacts of regulating these businesses initially before including any other businesses, and thus to proceed in a fully-informed incremental manner.

D.

The purpose of establishing worker retention requirements at the Airport and Convention Center is to decrease worker turnover and instability in the workplace. The consequential benefits of such measures are the improvement of the quality of service to the City, the traveling public, and other users of the Airport and Convention Center.

E.

This Chapter is not intended to conflict with federal or State law. It is the intention of the City Council that this Chapter be interpreted to be compatible with federal and State enactments and in furtherance of the public purposes which those enactments encompass.

(ORD-13-0031, § 1, 2013)

A.

"City" means the City of Long Beach.

B.

"City Council" means the City Council of the City of Long Beach.

C.

"Concession Contract" means any contract from the City covering Concession Operations at the Long Beach Airport or the Long Beach Convention Center.

D.

"Concession Operations" means the general business operations of food and beverage concessions at the Long Beach Airport and the Long Beach Convention Center, but do not include the provision by an airline of food or beverage to passengers while on board an airplane.

E.

"Concessionaire" means all food and beverage concessions contractors together with all tenants, lessees, subtenants, sublessees, subcontractors, successors and assigns of such contractors that provide such concession services at the Long Beach Airport or the Long Beach Convention Center.

F.

"Predecessor Employer" means the Concessionaire at the Long Beach Airport or Long Beach Convention Center that employed Retention Workers to provide substantially similar services for a Concession Operation immediately prior to the Successor Employer.

G.

"Retention Workers" means all full-time and part-time employees in a Concession Operation, except supervisors and managers.

H.

"Successor Employer" means the new Concessionaire at the Long Beach Airport or Long Beach Convention Center business that succeeds the Predecessor Employer in the provision of substantially similar Concession Operations.

(ORD-13-0031, § 1, 2013)

A.

A Successor Employer shall fill its Concession Operations positions at the Long Beach Airport and the Long Beach Convention Center by first hiring from the workforce which has been or is being displaced by the departure or reduction in force of a Predecessor Employer at such location, and shall retain and not discharge a Retention Worker without cause during the initial ninety (90) work day period of his or her employment. Just cause for discharge shall not include the reason being a Retention Worker receiving superior wages or benefits in their prior positions.

B.

In the event that the Successor Employer does not have enough positions available for all Retention Workers, the Successor Employer shall hire the Retention Workers who are eligible for retention by seniority within each employment classification. For any positions that become available during the initial one (1)

calendar year period of the new Concession Contract, the Successor Employer will hire Retention Workers by seniority within each employment classification.

C.

A Successor Employer shall offer continued employment to each Retention Worker who receives a satisfactory performance evaluation at the end of the initial ninety (90) work day period of employment under terms and conditions established by the Successor Employer for all its employees.

(ORD-13-0031, § 1, 2013)

A.

Each Concessionaire shall cause the Worker Retention requirements under this Chapter to be posted at its place of business in the Airport or Long Beach Convention Center, so as to be conspicuous to the general public, to patrons entering or using such facilities, and to the Retention Workers employed at such facilities.

B.

Each Successor Employer shall maintain records for three (3) years showing the reasons for not hiring or for discharging Retention Workers during the initial ninety (90) work day period. The City Manager and each Retention Worker and their designees are authorized to review these records upon reasonable request to ascertain compliance with this Chapter.

(ORD-13-0031, § 1, 2013)

The provisions of this Chapter may not be waived by agreement between an individual Retention Worker and Predecessor or Successor Employer. All of the provisions of this Chapter, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this Chapter.

(ORD-13-0031, § 1, 2013)

No person shall discharge, reduce any part of the compensation of, nor discriminate against any Retention Worker due to the enactment of this Chapter or due to his or her assertion of any rights under this Chapter.

(ORD-13-0031, § 1, 2013)

A.

The City Manager or his/her designee is invested with the discretionary authority to issue additional rules and regulations interpreting this Chapter and/or establishing complaint procedures related to enforcement of this Chapter. Notwithstanding the foregoing, the City shall be under no duty to monitor compliance with this Chapter; however, the City may consider compliance with this Chapter in making contracting decisions.

B.

Any violation of this Chapter may be subject to injunctive relief and any other relief or remedy available at law or equity.

(ORD-13-0031, § 1, 2013)

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable.

(ORD-13-0031, § 1, 2013)