89036.5.
(a) For purposes of this section, the following definitions apply:(1) “Food service contract” means a contract with the trustees or the California State University for a cafeteria or food and beverage outlet on or serving a California State University campus.
(2) “Food service employer” means a person who employs employees performing work at a food service venue under a food service contract or subcontract of that contract.
(3) “Hotel” means any hotel, motel, bed and breakfast inn, or other similar commercial transient lodging establishment, and shall include any contracted, leased, or sublet premises connected to or operated in conjunction with the hotel’s purpose.
(4) “Hotel development project” means a real estate development project that includes or is planned to include one or more hotels and in which the trustees or the California State University have a proprietary interest.
(5) “Hotel employer” means any person who owns, controls, or operates a hotel in a hotel development project and who employs employees at that hotel.
(6) “Labor organization” means any organization of any
kind, or any agency or employee representation committee or plan, in which employees participate and that 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.
(7) “Labor peace agreement” means a written agreement with a labor organization that contains, at a minimum, a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the performance of a food service contract or
a hotel employer’s operations at a hotel development project.
(8) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, or other legal or commercial entity, whether domestic or foreign.
(9) “Proprietary interest” means an interest in the efficient procurement of goods and services or a financial, nonregulatory interest as a market participant, such as a landlord, contractor, investor, owner, or financier. “Proprietary interest” may include, but is not limited to, a financial interest in the form of expected lease revenues, expected debt service on a loan provided by the
trustees, and underwriting or guaranteeing the development of a hotel development project or loans related to the project.
(b) (1) Notwithstanding any other provision in this part, the trustees shall make it a condition precedent to entering into each food service contract and to the trustees’ participation in a hotel development project, and an ongoing material requirement of that contract or participation, that the person contracting with the trustees and each food service employer or hotel employer be party to a labor peace agreement under that contract or participation
with any labor organization that represents or seeks to represent the employees performing work under the food service contract or hotel employees at the hotel development project.
(2) If a food service employer or hotel employer cannot reach agreement with a labor organization on the terms of a labor peace agreement, the requirements of paragraph (1) may be waived by the office of the Chancellor of the California State University upon a finding, supported by the substantial evidence, that the employer has made a good faith effort to reach a labor peace agreement to protect the trustees’ proprietary interest, but the labor
organization is not interested in negotiations, has not negotiated in good faith, or has abused the negotiation process, such that the trustees’ proprietary interest would no longer be served by insisting on satisfying the requirements of this subdivision. An employer or labor organization may appeal to the trustees the chancellor office’s decision on whether to grant a waiver pursuant to this paragraph.