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HomeMy WebLinkAboutLegislationFile Number: 09-00450 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REQUIRE "LABOR PEACE AGREEMENTS" AS A CONDITION PRECEDENT TO THE ISSUANCE OR EXECUTION OF CERTAIN CONTRACTS DEPENDENT UPON REVENUES FROM HOSPITALITY OPERATIONS. WHEREAS, the City of Miami ("City") has a financial or proprietary interest in certain capital projects and in revenue producing contracts which include hospitality operations at City -owned venues, -and WHEREAS, it is anticipated that the revenues generated by these operations will be used in part to defray the public costs incurred in the construction and maintenance of such capital projects as well as to fund lease, rental or license payments to the City, and the City has a responsibility to the taxpayers to protect these revenues; and WHEREAS, the City acts as a market participant when entering into such contracts; and WHEREAS, it is essential that these hospitality operations be conducted without interruption and that no labor disputes affecting such operations impact the revenues of such capital projects and revenue producing contracts, which would in tum adversely affect the revenue stream to the City; and WHEREAS, the City has found that the uninterrupted operation of hospitality operations may be threatened by labor disputes, and has found that an efficient way to avoid this problem is by requiring contractors and employers of employees hired to staff hospitality operations to be signatory to a "labor peace agreement" covering the employees who will staff such hospitality operations; and WHEREAS, such labor peace agreements are a method of insuring continuous provision of services under City contracts because under federal law, employers may not unilaterally prohibit unions or their employees from engaging in work stoppages; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. "Hospitality operations" as used herein means services provided at hotels, motels, restaurants, bars, clubs, cafeterias, lodging, and food and beverage at convention or conference facilities. Section 3. The City Manager shall require contractors and employers of employees hired to lin, n! Mian"i PA.. 1 Air.? R.:..+,.a n-. 9/111n1no City of Miami ;w _ _V Legislation CGyj�0 x-. Resolution File Number: 09-00450 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REQUIRE "LABOR PEACE AGREEMENTS" AS A CONDITION PRECEDENT TO THE ISSUANCE OR EXECUTION OF CERTAIN CONTRACTS DEPENDENT UPON REVENUES FROM HOSPITALITY OPERATIONS. WHEREAS, the City of Miami ("City") has a financial or proprietary interest in certain capital projects and in revenue producing contracts which include hospitality operations at City -owned venues, -and WHEREAS, it is anticipated that the revenues generated by these operations will be used in part to defray the public costs incurred in the construction and maintenance of such capital projects as well as to fund lease, rental or license payments to the City, and the City has a responsibility to the taxpayers to protect these revenues; and WHEREAS, the City acts as a market participant when entering into such contracts; and WHEREAS, it is essential that these hospitality operations be conducted without interruption and that no labor disputes affecting such operations impact the revenues of such capital projects and revenue producing contracts, which would in tum adversely affect the revenue stream to the City; and WHEREAS, the City has found that the uninterrupted operation of hospitality operations may be threatened by labor disputes, and has found that an efficient way to avoid this problem is by requiring contractors and employers of employees hired to staff hospitality operations to be signatory to a "labor peace agreement" covering the employees who will staff such hospitality operations; and WHEREAS, such labor peace agreements are a method of insuring continuous provision of services under City contracts because under federal law, employers may not unilaterally prohibit unions or their employees from engaging in work stoppages; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. "Hospitality operations" as used herein means services provided at hotels, motels, restaurants, bars, clubs, cafeterias, lodging, and food and beverage at convention or conference facilities. Section 3. The City Manager shall require contractors and employers of employees hired to lin, n! Mian"i PA.. 1 Air.? R.:..+,.a n-. 9/111n1no File Number.' 09-00450 staff hospitality operations to be signatory to a "labor peace agreement" covering the employees who will staff such hospitality operations.- (a) perations: (a) in any future solicitation, contract, lease or license that the City will issue or enter into for the use of any City property for hospitality operations, under which the City is entitled to receive rents or such other income dependent in whole or in part by the revenues from such operations; (b) in any future contract or agreement pursuant to which the City is entitled to receive payments in connection with financing provided by or through the City; (c) to the extent permitted by law, in any future amendment to any agreement or instrument described in the foregoing paragraphs (a) and (b), including an extension of the term where the City has the right to refuse such extension. Section 4. The labor peace agreement must be a valid agreement which includes a No -Strike Pledge prohibiting the labor organization and its members from engaging in any picketing, work stoppages, boycotts, or any other economic interference with the hospitality operation for as long as the City determines that its revenues are at material risk from a potential labor dispute. The labor peace agreement shall cover all hospitality operations at (other than construction, alteration or repair of the premises) which are conducted by lessees or tenants or under management agreements, where the contract amount is reasonably expected to be in excess of $120,000. The labor peace agreement shall not include any provision that would require or compel an employee to be a member of any labor organization. Section 5. A contracting party may be relieved of this obligation if: (a) the labor organization places conditions upon its No -Strike Pledge that the City Commission finds, after notice and public hearing, to be arbitrary or capricious; or (b) the City Manager makes a written finding containing the reasons for supporting the conclusion that a labor peace agreement should not be required as it would not be practicable or is not advantageous to the City, which finding must be approved by the City Commission, after notice and public hearing. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEYAK r;tv File Number.• 09-00450 Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.