SEC. 23.71. DEFINITIONS.

For purposes of this Article VIII, the following definitions shall apply:

“Agency” means the Office of Labor Standards Enforcement.

“Demand for Recognition Period” means the period during which the Labor Organization seeks recognition as the collective bargaining representative of the Employees.

“Economic Action” means concerted action initiated or conducted by a Labor Organization, or Employees acting in concert with a Labor Organization, at the Employees’ worksite, to bring economic pressure to bear on an Employer, as part of a campaign to organize Employees or prospective Employees of that Employer, or in attempting to secure a First Contract, if applicable. “Economic Action” includes such activities as striking, picketing, or boycotting. “Economic Action” does not include a lawsuit to enforce this Article VIII.

“Employee” means any pilot, master, engineer, journeyman, or deckhand performing work for an Employer for compensation on an Excursion Vessel or on leased Port property relating to Excursion Vessel Operations on a full-time, part-time, seasonal, or temporary basis, including those made available to work for the Employer through a temporary service, staffing agency, or similar agency.

“Employer” means any person or entity, including a subcontractor, with Employees engaged in Excursion Vessel Operations.

“Excursion Vessel” means a passenger vessel that is Coast-Guard certified for intra-coastal passengers for hire and used for transporting the public to or from Port property for sightseeing and similar activities, which may include dining and other services.

“Excursion Vessel Lease” means a lease, sublease, license, sublicense, berthing agreement, or other means of granting the right to an Excursion Vessel to use Port property, in which the City receives a percentage rent based on the number of tickets or passengers, a flat fee per ticket or passenger, or a charge for each landing. An “Excursion Vessel Lease” must be for a term of at least six months.

“Excursion Vessel Operations” means any work done by Employees on or relating to Excursion Vessels under an Excursion Vessel Lease.

“First Contract” means the first enforceable contract entered into between an Employer and a Labor Organization setting one or more terms or conditions of employment.

“First Contract Period” means, if a Labor Organization is recognized as the collective bargaining representative of Employees, the period between such recognition and execution of a First Contract.

“Labor Organization” means any organization of any kind, or any agency or employee representation committee, in which Employees participate and which exists for the purpose, in whole or part, of dealing with Employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.

“Labor Peace Agreement” means an enforceable written agreement between an Employer and a Labor Organization, as described more fully in Section 23.72(a)(2).

“Parties” means an Employer and Labor Organization that has requested to be, or has been, recognized as the collective bargaining representative of Employees.

“Pre-existing Lease” means any Excursion Vessel Lease entered into before the effective date of this Article VIII.

“Proprietary Interest” means any nonregulatory arrangement or circumstance in which the City has a financial or other nonregulatory interest.

“Subcontract” means any agreement between the authorized tenant, licensee, or other user under an Excursion Vessel Lease and another person or entity that contemplates or permits that other person or entity to operate or manage all or a portion of the Excursion Vessel Operations.

“Subcontractor” means the person or entity that operates or manages all or a portion of Excursion Vessel Operations under a Subcontract.

“Substantial Amendment” means an amendment to, or the City’s discretionary renewal or extension of:

(1) A lease of Port property entered into before the effective date of this Article VIII that did not include Excursion Vessel Operations but is expanded to include Excursion Vessel Operations; or

(2) A Pre-existing Lease that provides for, or permits, any of the following:

(A) A new term that extends the duration of the lease beyond that provided in the

Pre-existing Lease;

(B) The right to construct improvements to support or serve Excursion Vessel Operations, if not previously allowed under the Pre-existing Lease;

(C) Rent credits or potential rent credits to a Port tenant that may be applied against 25% or more of the fixed rent under the Pre-existing Lease during the period in which the rent credits may be used; or

(D) Rent credits or potential rent credits to a Port tenant that may be applied against 50% or more of the remaining percentage or participation rent (not including any portion of the rent), if any, under the Pre-existing Lease during the period in which the rent credits may be used.

“Territorial Sea” means waters, three nautical miles wide, as measured seaward from the mean low water line on the coast of the United States or the boundary between an ocean or sea and any internal or inland body of water in the United States, including without limitation, the boundaries of any bays, rivers, or lakes.

“Vessel” means any ship, boat, or other watercraft that transports passengers for a fee.

(Added by Ord. 230-18, File No. 180802, App. 10/5/2018, Eff. 11/5/2018)