§ 1346. Labor peace agreements for certain facilities. 1. As used in
this section:

(a) "Gaming facility" means any gaming facility licensed pursuant to
this article or a video lottery gaming facility as may be authorized by
paragraph three of subdivision (a) of section one thousand six hundred
seventeen-a of the tax law, as amended by section nineteen of the
chapter of the laws of two thousand thirteen that added this section
licensed by the commission. A gaming facility 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
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. 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. 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.

4. If otherwise applicable, capital projects undertaken by a gaming
facility shall be subject to article eight of the labor law and shall be
subject to the enforcement of prevailing wage requirements by the
department of labor.

5. If otherwise applicable, capital projects undertaken by a gaming
facility shall be subject to section one hundred thirty- five of the
state finance law.

6. If otherwise applicable, any gaming facility entering into a
contract for a gaming facility capital project shall be deemed to be a
state agency, and such contract shall be deemed to be a state contract,
for purposes of article fifteen-A of the executive law and section two
hundred twenty-two of the labor law.