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(A) The city shall give advance notice, to the extent practicable, to a covered building service vendor and any collective bargaining representative of the covered building service vendor’s employees that a covered building service contract will expire or be terminated, and the city shall also provide the name, address and telephone number of the successor covered building service vendor or contractors where known. The expired or terminated covered building service vendor shall, within 15 days after receipt of such notice, provide to the successor covered building service vendor the name, address, date of hire and employment occupation classification of each covered building service employee employed at the site or sites covered by the building service contract at the time of receiving said notice. The expired or terminated covered building service vendor shall also provide this information to the city and to any collective bargaining representative of the vendor’s employees. At the same time, the expired or terminated vendor shall provide each affected employee with notice of his or her right to obtain employment with the successor covered building service vendor.
(B) A successor covered building service vendor or subcontractor where applicable shall retain for a 90-day transitional employment period all covered building service employees who were employed by the expired or terminated covered building service vendor and its subcontractors at the location(s) covered by the expired or terminated contract. This requirement shall not apply in the event the city chooses to employ building service employees directly.
(C) If at any time the successor covered building service vendor determines that fewer employees are required to perform the new service contract than had been performing such services under the expired or terminated contract, the successor covered building service vendor shall retain the covered building service employees by seniority within job classification. Except for such layoffs, during the 90-day transition period, the successor covered building service vendor shall not discharge without cause a covered building service employee pursuant to this Section. During the 90-day transition period, the successor covered building service vendor shall maintain a preferential hiring list of those covered building service employees not retained from which the successor vendor or its subcontractors shall hire additional employees. At the end of the 90-day transition employment period, the successor covered building service vendor shall perform a written performance evaluation for each covered building service employee retained pursuant to this Chapter. If a covered building service employee’s performance during such 90-day period is satisfactory, the successor covered building service vendor or subcontractor shall offer the covered building service employee continued employment under the terms and conditions established by the successor covered building service vendor or subcontractor or as required by law.
(CBC 1985 24-7.5; Ord. 2021 c. 17 § 24)
(A) All covered building service vendors shall provide all covered building service employees with no less than standard compensation. All covered lessors shall ensure that all covered building service employees employed in or around the building to which the relevant lease pertains are provided with no less than standard compensation for the term of the lease. All covered lessees that enter into a contract with a vendor to provide building services at a covered city owned property shall ensure that all covered building service employees are provided with no less than standard compensation for the term of the lease.
(B) The city shall maintain a list of covered leases, leases of covered city owned property and covered building service contracts. The list shall include the addresses of: properties that are the subject of covered leases, city owned property and locations covered by covered building service contracts.
(C) Calculation of standard compensation is as follows.
(1) Standard compensation shall include, for the relevant classification: 1) the standard hourly rate of pay, 2) standard paid leave and 3) standard benefits.
(a) The “standard hourly rate of pay” for covered building service employees other than unarmed or armed security guards shall be the greatest of the following:
1. The Living Wage rate as defined in Subsection 24-6.2; or
2. The prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
(b) The “standard hourly rate of pay” for unarmed security guards shall be the greatest of the following:
1. The Living Wage rate as defined in Subsection 24-6.2; or
2. The prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
(c) The “standard hourly rate of pay” for armed security guards shall be the greatest of the following:
1. The rate established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under the Federal Service Contract Act (41 U.S.C. §§ 6701 et seq.); or
2. The prescribed rate of wages as determined by the Director of Labor Standards pursuant to the commonwealth’s Prevailing Wage Law, Section 3, Chapter 195 of the Acts of 2014.
(d) The “standard hourly rate of pay” for covered building service employees other than for unarmed or armed security guards shall be annually adjusted to be no less than the greatest of the following:
1. The current Living Wage rate as defined in 24-6.2; or
2. the current prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
(e) The “standard hourly rate of pay” for unarmed security guards shall be annually adjusted to be no less than the greatest of the following:
1. The current Living Wage rate as defined in Subsection 24-6.2; or
2. The current prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
(f) The “standard hourly rate of pay” for armed security guards shall be annually adjusted to be no less than the greatest of the following:
1. The current rate established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under Federal Service Contract Act (41 U.S.C. §§ 6701 et seq.); or
2. The current prescribed rate of wages as determined by the Director of Labor Standards pursuant to the commonwealth’s Prevailing Wage Law, Section 3, Chapter 195 of the Acts of 2014.
(g) “Standard paid leave” for covered building service employees other than for unarmed or armed security guards shall be equal to the greatest of the following:
1. Annual paid leave required under applicable local, commonwealth or federal law; or
2. The paid leave provided under the prescribed rate of wages as determined by Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
(h) “Standard paid leave” for unarmed or armed security guards shall be equal to the greatest of the following:
1. Annual paid leave required under applicable local, commonwealth or federal law; or
2. The paid leave provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the Acts of the commonwealth’s Acts of 2014.
(i) The “standard benefits” for covered building service employees other than for unarmed or armed security guards shall be an hourly supplement furnished by a covered building service employer to a covered building service employee in one of the following ways:
1. In the form of health and other benefits (not including paid leave) that cost the covered building service employer the entire required hourly supplemental amount;
2. By providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or
3. By providing the entire supplement in cash. The required hourly supplemental rate for covered building service employees other than for unarmed or armed security guards shall be equal to the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to M.G.L. Chapter 149, Section 27H.
(j) The “standard benefits” for unarmed security guards shall be an hourly supplement furnished by a covered building service employer to a covered building service employee in one of the following ways:
1. In the form of health and other benefits (not including paid leave) that cost the covered building service employer the entire required hourly supplemental amount;
2. By providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or
3. By providing the entire supplement in cash. The required hourly supplemental rate for unarmed security guards shall be equal to the monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
(k) 1. The “standard benefits” for armed security guards shall be an hourly supplement furnished by a covered building service employer to a covered building service employee in one of the following ways:
a. In the form of health and other benefits (not including paid leave) that cost the covered building service employer the entire required hourly supplemental amount;
b. By providing a portion of the required hourly supplement in the form of health and other benefits (not including paid leave) and the balance in cash; or
c. By providing the entire supplement in cash.
2. The required hourly supplemental rate for armed security guards shall be equal to the greatest of the following:
a. The monetary value established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under Federal Service Contract Act (41 U.S.C. § 6701 et seq.); or
b. The monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor standards pursuant to Section 3 of chapter 195 of the commonwealth’s Acts of 2014.
(l) The “standard benefits” for building service workers other than unarmed or armed security guards shall be adjusted annually to be no less than equal to the current monetary value of the health and other benefits (not including paid leave) as determined by the Director of the Department of Labor standards pursuant to M.G.L. Chapter 149, Section 27H.
(m) The “standard benefits” for unarmed security guards shall be adjusted annually to be no less than equal to the current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor Standards pursuant to Section 3 of Chapter 195 of the commonwealth’s Acts of 2014.
(n) The “standard benefits” for armed security guards shall be adjusted annually to be no less than equal to the value of the greatest of the following:
1. The current monetary value established by the Federal Department of Labor for the Guard II classification in the Area Wage Determination applicable to work performed within the County of Suffolk under Federal Service Contract Act (41 U.S.C. §§ 6701 et seq.); or
2. The current monetary value of the health and other benefits (not including paid leave) provided under the prescribed rate of wages as determined by the Director of the Department of Labor standards pursuant to Section 3 of chapter 195 of the commonwealth’s Acts of 2014.
(2) For the purposes of this Chapter, “benefits” shall not include workers compensation or other legally mandated insurance, nor shall it include the value of any benefit for which the covered building service employee is eligible, but for which no payment is actually made by a covered building service employer to the covered building service employee or to any other party on the covered building service employee’s behalf because the covered building service employee either does not actually utilize or does not elect to receive the benefit for any reason.
(CBC 1985 24-7.6; Ord. 2021 c. 17 § 24)
The purpose of the Living Wage Advisory Committee shall be to review the effectiveness of this Chapter in creating and retaining living wage jobs in Boston, to promote access to living wage jobs for low and moderate income Bostonians, to review the implementation and enforcement of this Chapter, and to make recommendations, from time to time, in connection therewith.
(CBC 1985 24-8.1; Ord. 1998 c. 5 § 8)
(A) The Living Wage Advisory Committee shall be comprised of seven members who shall be appointed by the Mayor as follows.
(1) One member of the Committee shall be a labor union member appointed by the Mayor from a list of three nominees recommended by the Greater Boston Labor Council, AFL-CIO.
(2) Two members shall be appointed by the Mayor from community-based organizations operating solely within the city.
(3) One member shall be from the Greater Boston Chamber of Commerce appointed by the Mayor from a list of three nominees recommended by the Chamber.
(4) One member shall be appointed by the Mayor from an organization representing small and local businesses operating solely within the city.
(5) Two members shall be at large members appointed by the Mayor.
(B) Each member of this Committee shall serve a three-year term.
(CBC 1985 24-8.2; Ord. 1998 c. 5 § 8; Ord. 2014 c. 12)
The Living Wage Advisory Committee shall meet quarterly and in special session as required. All meetings of the Living Wage Advisory Committee shall be open to the public under the commonwealth’s Open Meeting Law, being M.G.L. Chapter 30A, Sections 18—25 and 940 CMR 29.00. The Committee shall promulgate regulations and rules which allow for public participation and testimony at hearings and meetings.
(CBC 1985 24-8.3; Ord. 1998 c. 5 § 8)
For the purposes of this Chapter, no member of the Living Wage Advisory Committee shall participate in any proceeding concerning a beneficiary, a covered vendor, a covered employee or applicant for waiver or exemption, if the member or any member of his or her immediate family has a direct or indirect financial interest in said individual or in the award of a service contract, subcontract or assistance or the granting of relief to said individual.
(CBC 1985 24-8.4; Ord. 1998 c. 5 § 8)
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