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(a) Determination. Before issuing a solicitation for a covered contract, the Director must determine if a labor peace agreement would be in the best interest of the County after considering:
(1) the duration of the contract;
(2) the adverse financial or economic impact of any disruption in services;
(3) the cost associated with finding replacement services;
(4) the risk of disruption of services;
(5) the history of strikes or lockouts disrupting County services provided by the contract;
(6) the potential adverse effect of a labor peace provision on competition for the contract; and
(7) any other factors affecting the public interest.
(b) Approval. If the Director finds that a labor peace provision is in the best interest of the County for this covered contract, the Director must recommend the inclusion of a labor peace provision to the Chief Administrative Officer in writing. If the Chief Administrative Officer approves a recommendation to include a labor peace provision in the contract, the Director must include a labor peace provision in the solicitation for bids or proposals.
(1) If the covered contract documents require a labor peace agreement, the contractor awarded the contract must execute a labor peace agreement with a labor organization within sixty (60) days after the later of:
(A) receiving the notice of award from the County; or
(B) receiving a request for a labor peace agreement from a labor organization that already represents or seeks to represent the employees performing services under the covered contract.
(2) The contractor may satisfy this requirement by executing a:
(A) preliminary Labor Peace Agreement covering labor disputes over the representation of employees performing services under a covered contract by a labor organization that is designed to be supplanted by a comprehensive collective bargaining agreement;
(B) comprehensive collective bargaining agreement; or
(C) documenting that no labor organization requested a labor peace agreement or that a labor organization refused to negotiate a labor peace agreement in good faith.
(d) Enforcement. The Director may impose appropriate sanctions and remedies against a contractor for a violation of this Article as provided in applicable regulations or by contract, including termination for default. (2018 L.M.C., ch. 29 , § 1.)