proudly present the following even though they have done nothing to see that Nassau OTB is open 365 days of the year without religious preference.
Racing, Pari-Mutuel Wagering and Breeding Law
§ 109-a. Labor peace agreements for certain facilities. 1.
Definitions. As used in this subdivision:
a. "Gaming facility" means any casino gaming facility licensed by the
commission. A gaming facility or operation shall not include any horse
racing, bingo or charitable games of chance, the state lottery for
education, or any gaming facility operating pursuant to the federal
Indian Gaming Regulatory Act, 25 U.S.C. § 2710 et seq. A gaming facility
or operation shall include any hospitality operation at or related to
the gaming facility.
b. "Labor peace agreement" means an agreement enforceable under 29
U.S.C. § 185(a) that, at a minimum, protects the state's proprietary
interests by prohibiting labor organizations and members from engaging
in picketing, work stoppages, boycotts, and any other economic
interference with operation of the relevant gaming facility.
c. "License" means any permit, license, franchise or allowance of the
commission and shall include any franchisee or permittee.
d. "Proprietary interest" means an economic and non-regulatory
interest at risk in the financial success of the gaming facility that
could be adversely affected by labor-management conflict, including but
not limited to property interests, financial investments and revenue
sharing.
2. Legislative findings. The state legislature finds that the gaming
industry constitutes a vital sector of New York's overall economy and
that the state through its operation of lotteries and video lottery
facilities and through its ownership of the properties utilized for
horse racing by The New York Racing Association, Inc. has a significant
and ongoing economic and non-regulatory interest in the financial
viability and competitiveness of the gaming industry. The state
legislature further finds that the award or grant of a license by the
commission to operate a gaming facility is a significant state action
and that the commission must make prudent and efficient decisions to
maximize the benefits and minimize the risks of gaming. The state
legislature further recognizes that casino gaming industry integration
can provide a vital economic engine to assist, nurture, develop, and
promote regional economic development, the state tourism industry and
the growth of jobs in the state. Additionally, the state legislature
also finds revenues derived directly by the state from such gaming
activity will be shared from gross gaming receipts, after payout of
prizes but prior to deductions for operational expenses.
Therefore, the state legislature finds that the state has a
substantial and compelling proprietary interest in any license awarded
for the operation of a gaming facility within the state.
3. Requirements. The commission shall require any applicant for a
gaming facility license who has not yet entered into a labor peace
agreement to produce an affidavit stating it shall enter into a labor
peace agreement with labor organizations that are actively engaged in
representing or attempting to represent gaming or hospitality industry
workers in the state. In order for the commission to issue a gaming
facility license and for operations to commence, the applicant for a
gaming facility license must produce documentation that it has entered
into a labor peace agreement with each labor organization that is
actively engaged in representing and attempting to represent gaming and
hospitality industry workers in the state. The commission shall make the
maintenance of such a labor peace agreement an ongoing material
condition of licensure.
A license holder shall, as a condition of its license, ensure that
operations at the gaming facility that are conducted by contractors,
subcontractors, licensees, assignees, tenants or subtenants and that
involve gaming or hospitality industry employees shall be done under a
labor peace agreement containing the same provisions as specified above.
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