Long Beach Municipal Code Ch. 16.58 Labor Peace Agreements for the Airport and the Long Beach Convention…

A. The City of Long Beach has a financial and proprietary interest in operations that have food and beverage concessions at the Long Beach Airport and the Long Beach Convention Center, since these operations base their concession payments to the City in part on the revenue they generate. Therefore, it is essential that these operations conduct business efficiently and without interruption or boycotts. The City has found that the efficient and uninterrupted operation of concession operations at the Airport and the Convention Center may be threatened by labor disputes. The City's investment in these operations must be shielded from any impact that labor disputes may have on the revenue of these concession operations. The City has further found that the City can only protect its investment by requiring its concessionaires to sign "labor peace agreements" with the labor organizations that represent or are seeking to represent employees in the concession industry. These agreements will prohibit the labor organizations and their members from engaging in picketing, work stoppages, boycotts or other economic interference with the business of the concession operators, for the duration of their concession agreements with the City.

B. 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-13-0030, § 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 and the Long Beach Convention Center.

D. "Concession Contract Amendment" means only an amendment that is required to be separately approved by the City Council and that:

1. extends the term of an existing contract for a period of more than one (1) year (the aggregate limit or maximum total of time that a contract may be extended without being deemed a "Concession Contract Amendment" is not to exceed one (1) year); or

2. approves a reduction in any concession payments to the City for the then existing tenant/operator.

E. "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.

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

G. "Concessionaire" means all food and beverage concession 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 and the Long Beach Convention Center where concession payments to the City depend in any part on the volume of revenue from such services.

H. "Labor Organization" means an organization of any kind, or an agency or employer representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

I. "No-Strike Pledge" means a provision in a labor peace agreement prohibiting the Labor Organization and its members from engaging in picketing, work stoppages, boycotts or any other economic interference with the business of Concessionaire at the Long Beach Airport and the Long Beach Convention Center for the duration of the Concession Contract term.

(ORD-13-0030, § 1, 2013)

Prior to the execution of any new Concession Contract or Concession Contract Amendment with a Concessionaire, and as a condition precedent to such execution by the City, the Concessionaire shall have: (i) signed a labor peace agreement with each Labor Organization seeking to represent Concession Workers at the premises covered by the Concession Contract, and (ii) submitted to the City a copy of such labor peace agreement, executed by all of the parties. Each labor peace agreement must contain a No-Strike Pledge.

(ORD-13-0030, § 1, 2013)

Each Concessionaire shall cause the No-Strike Pledge requirement 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 and to patrons entering or using such facilities.

(ORD-13-0030, § 1, 2013)

A. Nothing in this Chapter requires a Concessionaire already be unionized at the time it seeks a contract with the City, nor requires a Concessionaire recognize a particular Labor Organization, nor mandates employees choose to unionize.

B. Nothing in this Chapter requires a Concessionaire make any particular promise in order to secure a labor peace agreement: that is left by the City up to the contracting parties to negotiate.

C. This Chapter is not intended to, and shall not be interpreted to, enact or express any generally applicable policy regarding labor-management relations or to regulate those relations in any way.

D. This Chapter is not intended to favor any particular outcome in the determination of employee preference regarding union representation.

E. Nothing in this Chapter permits or requires the City or any Concessionaire to enter into any agreement in violation of the National Labor Relations Act of 1935, approved July 5, 1935 (49 Stat. 449; 29 U.S.C.S. § 151 et seq.).

(ORD-13-0030, § 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-13-0030, § 1, 2013)