§ 32–852. Determination of need for labor peace agreement.

(a) For each hotel development project in which the District participates or has a financial interest, the Mayor shall determine whether the District of Columbia has a proprietary interest in the development project. The District shall be deemed to have a proprietary interest in the development project where the Mayor determines that the District of Columbia:

(1) Through a lease of real property that is owned by the District of Columbia and used for the development project, receives ongoing revenue, excluding government fees, tax revenue, or assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in paragraphs (2) and (3) of this subsection;

(2) Receives ongoing revenue from the project to repay loans provided by the District to assist in the development of the project, including incremental tax revenues generated by the project;

(3) Receives ongoing revenue from the project to pay debt service on bonds provided by the District to assist in the development of the project, including incremental tax revenues generated by the project;

(4) Has significant assets at risk because it has agreed to underwrite or guarantee the development of the project or loans related to the project; or

(5) Has a significant ongoing economic and nonregulatory interest at risk in the financial success of a project which is likely to be adversely affected by labor-management conflict, except that no interest shall be considered economic and nonregulatory if it arises from the exercise of regulatory or police powers such as taxation (except as set forth in paragraphs (2) and (3) of this subsection), zoning, or the issuance of permits or licenses.

(b)(1) If the Mayor determines that the District has a proprietary interest at risk in a hotel development project, a District contract related to that project shall include a provision requiring any employer on the project to enter into a labor peace agreement with a labor organization that requests a labor peace agreement and which represents, or reasonably might represent, workers on the project, as essential consideration for the District entering into the contract.

(2) For the purposes of this subsection:

(A) “Contract” means a lease, management agreement, service agreement, loan, bond, guarantee, or other similar agreement to which the District is a party and in which the District has a proprietary interest;

(B) “Employer” means any person, corporation, company, association, limited or general partnership, joint venture, contractor, subcontractor, or other entity that employs individuals at the site of a development project and whose ongoing economic performance and potential for labor-management conflict at the site may substantially affect the District’s proprietary interest; provided, that the term “employer” shall not include the United States, the District of Columbia, a wholly owned government corporation, a Federal Reserve Bank, or a state or other political subdivision;

(C) “Labor organization” means an organization of any kind, or an agency or employer representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.