(Added by Ord. No. 182,986, Eff. 5/28/14.)
The following minimum standards shall apply to all franchises granted under this part, and shall be made binding terms of all franchise agreements:
(a) Required Collection Services. During the term of the franchise agreement and subject to its terms and conditions, each franchisee shall collect, transport, and deliver for processing or disposal all solid waste generated at all commercial establishments and multi-family dwellings located within that franchise zone.
(b) Clean Fuel Vehicles. All vehicles used by a franchisee to provide collection services under a franchise agreement shall at all times be in compliance with all applicable air pollution control laws and regulations, including but not limited to the California Air Resources Board “Diesel Particulate Matter Control Measure for On-Road Heavy Duty Residential and Commercial Solid Waste Collection Vehicle Diesel Engines” and South Coast Air Quality Management District Amended Rule 1193.
(c) Labor Peace Agreement. As a condition for the grant of a franchise agreement, a condition precedent to any franchisee or subcontractor performing collection services, and as an ongoing, material condition of the franchise agreement, each franchisee shall provide satisfactory evidence that it, and any subcontractor who will provide collection services, are a party to labor peace agreement(s) with any labor organization that represents any group of the franchisee’s or subcontractor’s employees who are or will be involved in providing collection services, and with any labor organization that seeks to represent any group of a franchisee’s or subcontractor’s employees who are or will be involved in providing collection services, under the following limitation:
(1) This Subsection does not require an employer to recognize a particular labor organization.
(2) This Subsection does not require an employer to enter into a collective bargaining agreement establishing the substantive terms and conditions of employment.
(3) This Subsection 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.
(4) This Subsection is not intended to provide a preference for any outcome in the determination of employee preference regarding union representation.
(d) Processing and Disposal. A Franchisee shall deliver all recyclables and organics collected from commercial establishments and multi-family dwellings exclusively to facilities certified by the City pursuant to Section 66.33.8.
(e) Diversion.
(1) Each franchisee shall provide every customer within its franchise zone a container specifically designated for the collection of recyclables.
(2) Unless the Bureau issues a waiver to a Customer, each franchisee shall provide every Customer within its franchise zone a container specifically designated for the collection of Organics. (Amended by Ord. No. 187,711, Eff. 1/18/23.)
(3) All franchise agreements shall require franchisees to meet specific landfill disposal reduction requirements.
(f) Compliance with Living Wage and Responsible Contractor Requirements. Each franchisee shall comply with all requirements of an “Employer” under the City’s Living Wage Ordinance, Los Angeles Administrative Code Section 10.37, et. seq. Each franchise agreement is hereby deemed a “contract” for purposes of the City’s Responsible Contractor Program, Los Angeles Administrative Code Section 10.40, et seq., and each franchisee shall comply with all requirements of a “Contractor” thereunder.
(g) Whistleblower Protection. A franchisee shall not retaliate against an employee who, in good faith, has made a protest or raised a complaint against some practice of the franchisee on the basis of a reasonable belief that the practice is in violation of any provision of this Article or other applicable laws. A franchisee will not retaliate against an employee who discloses or threatens to disclose to a supervisor or to the City or another public body any activity, policy, or practice of the franchisee that the employee reasonably believes is in violation of this Article or other applicable laws.