(a) Awarding authority. At least 15 days before a service contract is terminated, an awarding authority must:
(1) request the terminated contractor to give the successor contractor a complete list of the name, date of hire, and job classification of each service employee working on the service contract;
(2) give the successor contractor a complete list of the name, date of hire, and job classification of each service employee of the terminated contractor working on the service contract;
(3) notify the collective bargaining representative, if any, of the affected service employees of the pending termination of the service contract; and
(4) ensure that the terminated contractor conspicuously posts, at any affected work site, a written notice to all affected service employees describing the pending termination of the service contract and the employee rights provided by this Article.
(5) Where the County is the awarding authority in this Section:
(A) terminated or cancelled means a termination for default, termination for convenience, or mutual termination as defined in Chapter 11B and the County procurement regulations; and
(B) this Section does not apply to a County service contract awarded by an emergency procurement or direct purchase as defined in Chapter 11B and the County procurement regulations.
(b) Successor contractor.
(1) Subject to paragraphs (3) and (4), each successor contractor must offer to retain each affected service employee at an affected site for 90 days or until the successor contract is terminated, whichever is earlier.
(2) Each successor contractor must give each affected service employee a written offer of employment for the 90 day transition period and send a copy to the employee’s collective bargaining representative, if any. Each offer must:
(A) state the date by which the service employee must accept the offer; and
(B) allow the employee at least 10 days after receiving the notice to accept the offer.
(3) Each successor contractor may:
(A) offer employment to less than all of the affected service employees during the 90 day transition period if the successor contractor:
(i) finds that fewer service employees are required to perform the work than the terminated contractor had employed;
(ii) maintains a preferential hiring list of those employees not retained; and
(iii) hires any additional service employees from the list until all affected service employees have been offered employment; and
(B) refuse to retain a service employee who fails a pre-employment ineligibility test administered by the successor contractor if the successor contractor:
(i) routinely requires all service employees to undergo the ineligibility test as a condition of employment; and
(ii) adopted the ineligibility test as part of a written employment policy prior to bidding on the successor contract.
(4) Notwithstanding any other provision in this Subsection, a successor contractor awarded a County contract for residential solid waste, recycling, or yard waste collection and disposal must offer employment to the affected service employees during the 90 day transition period only to the extent the successor contractor needs to hire new employees to perform work on the contract.
(5) Each successor contractor must not discharge a service employee retained under this Section without just cause during the transition period. (2012 L.M.C., ch. 18, § 1; 2018 L.M.C., ch. 29, § 1.)