SEC. 23.72. PROCEDURES TO MINIMIZE DISRUPTION CAUSED BY

(a) An Employer who receives a written request by a Labor Organization to enter into a Labor Peace Agreement shall:

(1) Inform the Agency, within five business days of receiving the request, that a Labor Organization seeking to represent its Employees has requested the Employer to enter into a Labor Peace Agreement required by this Article VIII;

(2) Enter into a Labor Peace Agreement, with the Labor Organization as to the Employees it seeks to represent, containing the following provisions:

(A) The Labor Organization agrees not to engage in Economic Action against the Employer during the Demand for Recognition Period, and should the Labor Organization be recognized, the First Contract Period;

(B) If the Parties are unable, should the Labor Organization be recognized, to voluntarily negotiate the terms of a First Contract within 90 days of such recognition, the Parties will submit the matter to a mutually-agreed mediator to assist the parties in agreeing on a First Contract; and, if the Parties are unable to agree on a First Contract through mediation within 30 days of beginning mediation, the Parties will submit the dispute to a mutually-agreed arbitrator, authorized to impose reasonable terms of a First Contract resolving the proposals and positions of the Parties; and

(C) The Parties agree to submit to binding arbitration all disputes relating to interpretation, application, and implementation of the Labor Peace Agreement.

(3) Upon the Agency’s request, promptly provide to the Agency a report attesting to the status of the Employer’s compliance with the requirements of this Section 23.72, including a statement by any Labor Organization that has requested that the Employer enter into a Labor Peace Agreement certifying the accuracy of the Employer’s report; and

(4) Include as a material term in any Subcontract a provision requiring the Subcontractor(s) to comply with this Article VIII. This provision shall be a material and mandatory term of such Subcontract, and shall state: “San Francisco Administrative Code Chapter 23, Article VIII, commencing at Section 23.70, which applies to [Subcontractor], incorporated herein by reference. To the extent [Subcontractor] employs Employees in Excursion Vessel Operations within the scope of Administrative Code Chapter 23, Article VIII, [Subcontractor] hereby agrees as a material condition of this subcontract to enter into and abide by a Labor Peace Agreement with a Labor Organization or Organizations that represents, or seeks to represent,

[Subcontractor’s] Employees, if and as required by Article VIII, and to otherwise fully comply with the requirements of that Article.”

(b) If the Parties are unable to agree on the terms of a Labor Peace Agreement within 60 days of a request for a Labor Peace Agreement, or, if the Employer requests an exemption, within 60 days of the Agency’s rejection of the request for an exemption, the Parties shall submit the matter to a mutually-agreed mediator to assist the Parties in reaching a Labor Peace Agreement; and, if the Parties are unable to reach a Labor Peace Agreement through mediation within 30 days of beginning mediation, the Parties shall submit the dispute to a mutually agreed arbitrator, who is authorized to impose a reasonable Labor Peace Agreement, permissible under federal law, under terms that effectuate the purposes of this Article VIII.

(c) Any Employer that has in good faith fully complied with the requirements in subsection (a) will be excused from further compliance as to a Labor Organization that has violated a Labor Peace Agreement.

(d) The Port shall include in every Excursion Vessel Lease a provision requiring the tenant, and any Employers operating under the Excursion Vessel Lease, to comply with the requirements of this Article VIII and all other applicable laws.

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