§ 18-201.  Leases of Airport Facilities. 9
   (1)   In fixing the rates and charges for and term of use of City airport facilities, including rates, fees and charges for the exercise of any privilege or right as hereinafter provided, the Department of Commerce shall, in so far as possible, follow such standards as shall:
      (a)   promote the maximum usefulness of the City airports and, to the extent compatible therewith, utilize the airport facilities for the production of the greatest possible revenue;
      (b)   develop additional facilities to increase the usefulness of the airports and the availability of services;
      (c)   make such rates and charges for, and the term of, use of City airport facilities and services consistent with those generally prevailing for comparable space, facilities and services elsewhere;
      (d)   assure long-term revenues to the City at rates calculated to return the cost of providing any service or facility particularly requested by a user, including the debt service and costs of operation, if any, of such service or facility; and
      (e)   give consideration to the value of any investment or expenditure to be made by any lessee or licensee which will result in temporary or permanent improvement of an airport or any of its facilities or available services and which may have to be amortized over the term of the lease or license, or which may later become the property of the City under the terms or conditions thereof.
   (2)   The rates and charges to scheduled and non-scheduled air carriers of passenger or freight for the use of space and facilities in and about the grounds and buildings of the airports shall be calculated on one or more of the following bases:
      (a)   a charge per square foot of space used or occupied; or
      (b)   a flat guaranteed monthly, quarterly or annual rental, fee or charge; or
      (c)   a specified percentage of revenues received by such carrier; or
      (d)   a specified charge per passenger served by such carrier; or
      (e)   a specified charge per pound of freight or cargo carried by such carrier; or
      (f)   a specified charge per usage of any facility or per exercise of any privilege or right.
   (3)   The rates and charges to private and itinerant aircraft for the use of space and facilities in and about the grounds and buildings of the airports shall be calculated on one or more of the following bases:
      (a)   a charge per square foot of space used or occupied; or
      (b)   a flat guaranteed monthly, quarterly or annual rental, fee or charge; or
      (c)   a specified charge per usage of any facility or per exercise of any privilege or right.
   (4)   The rates and charges to furnishers of ground transportation to and from the airports, including taxi, limousine and bus services, shall be calculated on one or more of the following bases:
      (a)   a rate per square foot of space used or occupied; or
      (b)   a flat guaranteed monthly, quarterly or annual rental, fee or charge; or
      (c)   a specified percentage of revenues received for the service rendered; or
      (d)   a specified charge per passenger served; or
      (e)   a specified charge per usage of any facility or per exercise of any privilege or right.
   (5)   The rates and charges to lessees and licensees using space and facilities in and about the grounds and building of the airports for the purpose of furnishing either services to aircraft or consumer services to users of the airports shall be calculated on one or more of the following bases:
      (a)   a charge per square foot of space used or occupied; or
      (b)   a flat guaranteed monthly, quarterly or annual rental, fee or charge; or
      (c)   a specified percentage of revenues received by such lessee or licensee; or
      (d)   a specified charge per unit of service rendered; or
      (e)   a specified charge per usage of any facility or per exercise of any privilege or right.
   (6)   If, in the opinion of the Department of Commerce it is in the best interest of the City, the Department may permit any governmental agency of the United States of America or the Commonwealth of Pennsylvania to use the space and facilities in and about the grounds and buildings of the airports either for a nominal consideration or free of any charge.
   (7)   This ordinance shall not be construed to affect or impair the validity of the terms or conditions of any existing lease or license or other agreement for the use of space or facilities or the exercise of any privilege or right in and about the grounds and buildings of the airports.
   (8)   All lease and use agreements the City enters into with any air carrier operating at Philadelphia International Airport, including any amendments, extensions or renewals thereof, shall contain provisions which provide the following commitments to ensure uninterrupted services: 10
      (a)   The air carrier shall require that any service contractor it retains to provide Ground Handling Services, as defined in subsection (8)(b), at Philadelphia International Airport shall secure a Labor Peace Agreement with any labor organization representing, or seeking to represent, the employees of such contractor which shall be in effect on or before the effective date of the air carrier's service agreements for such Ground Handling Services; and
      (b)   Ground Handling Services shall include, but not be limited to: fueling services; loading and unloading of passengers, baggage and freight; passenger services; assisting in processing of passengers and crew; furnishing and operating ground transportation and equipment in support of aircraft operations; aircraft cleaning and lavatory services; deicing of aircraft and equipment; aircraft maintenance services; security services for aircraft, ramp, gate and terminal facilities and operations; and cleaning services of ramp and gate areas; and
      (c)   A Labor Peace Agreement for purposes of this provision shall be a collective bargaining agreement, or other written agreement as defined under 29 U.S.C. § 185, between Ground Handling Services contractor and a labor organization which represents or is seeking to represent for purposes of collective bargaining the employees of such Ground Handling Services contractor. The Labor Peace Agreement shall contain terms prohibiting the labor organization and its members, and in the case of a collective bargaining agreement, the employees covered by the agreement, from engaging in picketing, strikes, work stoppages, boycotts or any other forms of interference with, or disruptions to, Ground Handling Services during the duration of the air carrier's service agreement with such Ground Handling Services contractor; and
      (d)   If the employees of the Ground Handling Services contractor at Philadelphia International Airport are not represented by a labor organization, the Ground Handling Service contractor's requirement to secure a Labor Peace Agreement shall be effective only upon written notice from a labor organization indicating that it is seeking to represent the employees of the Ground Handling Service contractor who are performing Ground Handling Service work at Philadelphia International Airport; and
      (e)   If, after a good faith effort, the Ground Handling Service contractor and the labor organization representing, or seeking to represent its employees are unable to reach agreement on the terms of a Labor Peace Agreement, either side may request final and binding arbitration to resolve their dispute. If the parties cannot promptly agree upon an arbitrator, either party may request a panel of arbitrators from the American Arbitration Association, all of whom shall be members of the National Academy of Arbitrators. Each party shall strike one member of the panel and the remaining Arbitrator shall, after hearing from the parties, fashion the terms of a Labor Peace Agreement similar to those occurring in the private sector that provides means to expeditiously and without labor disruption resolve disputes. The Ground Handling Service contractor fulfills its obligations under this provision upon agreeing to enter into the Labor Peace Agreement as fashioned by the Arbitrator; and
      (f)   The air carrier shall require that any tier of subcontractor retained for the performance of Ground Handling Services shall also be subject to the requirement of this provision to secure a Labor Peace Agreement; and
      (g)   To lessen the administrative burden on the Department of Commerce or the City, a Ground Handling Service contractor, any tier of subcontractor, or labor organization representing, or seeking to represent, the employees of such Ground Handling Services contractor or subcontractor, shall have a private right of action in any court of competent jurisdiction to compel arbitration under the terms of this provision.

 

Notes

9
   Source: 1954 Ordinances, p. 944.
10
   Added, Bill No. 140829 (approved January 15, 2015). Enrolled bill numbered this as subsection (7); renumbered by Code editor.