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Compliance with the Labor and Employment Code. | |
Application. | |
No Cause of Action Against the City. | |
Preemption. | |
Severability. |
When the City sells real property for Housing Development or leases real property as a landlord or as a tenant, and the real property in each of these types of transactions is located within the jurisdictional boundaries of the City, the City, in the applicable sales contract or lease and all contracts for a Covered Real Estate Project thereunder, shall require compliance with the Prevailing Wage, apprenticeship, and local hiring requirements as set forth in through of the Labor and Employment Code, as applicable this Article VII.1
CODIFICATION NOTE
The requirements of this Article VII are intended to have prospective effect only, and shall not be interpreted to impair the obligations of any existing sales contract, lease, or amendment thereto entered into by the City before the operative date of this Article VII. Where the Covered Construction or Covered Project involves Housing Development on real property sold by the City, the requirements of this Article VII shall terminate upon issuance of a final certificate of occupancy for the Covered Construction or Covered Project.
In no event shall any person or entity have the right to bring an action against the City based on any alleged failure to enforce or negligent enforcement of the requirements of this Article VII.
In contracts that involve the use of any funds furnished, given, or loaned by the Government of the United States or the State of California, all laws, rules and regulations of the Government of the United States or the State of California or of any federal or State departments relative to the performance of such work and the conditions under which the work is to be performed, shall prevail over the requirements of this Article VII when such laws, rules or regulations are in conflict.
If any part or provision of this Article VII, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provisions to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable.
Findings and Purpose. | |
Definitions. | |
Procedures to Minimize Disruption Caused by Labor/Management Conflict. | |
Exemptions. | |
Implementation and Enforcement. | |
Prospective Effect. | |
Preemption. | |
Severability. | |
(a) San Francisco is a world-class tourist destination, welcoming more than 24 million visitors annually. The City and County of San Francisco (“City”), acting through the Port Commission (“Port”), owns and operates property along the City’s waterfront, a major tourist hub and destination. The City, acting through the Port, leases its real property along the waterfront and harbor facilities to companies engaged in tourism, and in so doing faces the same risks and liabilities as private businesses participating in management of similar facilities. As a result, the City has an ongoing Proprietary Interest in the management and use of that Port real property and harbor facilities and must make prudent business decisions, as would any private business, to ensure efficient and cost-effective management of its business concerns, and to maximize benefit and minimize risk.
(b) This Article VIII is intended to maximize the returns and minimize the risk to the City’s Proprietary Interest resulting from possible conflict between Employers leasing, and operating Excursion Vessels on, Port property, and Labor Organizations, arising out of union organizing campaigns, labor negotiations, and disruption that may be caused by such conflict. Experience of
public entities and private employers demonstrates that union organizing drives and union efforts to secure representation rights and an initial collective bargaining agreement can deteriorate into protracted and acrimonious conflict. Such conflict threatens the City’s Proprietary Interest when private employers enter into leases to use Port property, and labor conflict could jeopardize base rent payments or rent payments calculated on a percentage of sales. That threat is most acute during the period when a Labor Organization (1) seeks to gain recognition as the collective bargaining representative for Employees and (2) if recognized, seeks a First Contract with the Employer.
(c) The sole purpose of this Article VIII is to protect the City’s Proprietary Interest in the Excursion Vessel Leases. This Article is not enacted to: favor any particular procedure for determining employee preference, or lack of preference, regarding Labor Organization representation, or the outcome of any such procedure; skew such procedures to favor or hinder any party; interfere with the negotiation, terms, or scope of a First Contract, if applicable; or express or implement any generally applicable policy regarding private sector labor/management relations, or regulate those relations in any way.
(Added by Ord. 230-18, File No. 180802, App. 10/5/2018, Eff. 11/5/2018)
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