§ 58-33 — Non-displacement of qualified workers

Sec. 58-33. - Non-displacement of qualified workers.

When a covered contract expires, or a change in control occurs or an entity enters into a covered contract for essential services previously performed by another covered contractor, and a successor contract is entered into for substantially similar services in a similar location, the successor contractor must offer covered workers of the former covered contract a right of first refusal of employment in accordance with the requirements below. (a) No less than sixty (60) days before the successor contractor begins performing essential services under a covered contract, the predecessor covered contractor must supply the names and contact information for its current covered workers, including the hiring date and classification of each covered employee, to each of the following: (1) The successor contractor; and (2) To the entity, agency or department administering the contract or to the manager of city property where relevant. (b) No less than sixty (60) days before the successor contractor begins performing essential services under a covered contract, the predecessor covered contractor must inform its covered workers in writing that they may be eligible for transition employment with the successor contractor in accordance with the requirements and procedures of this section. (c) The following two (2) exceptions shall apply to subsections (a) and (b) above: (1) If a successor contractor begins performance under a covered contract prior to December 31, 2021, the predecessor contractor may provide the information required under this subsections (a) and (b) within thirty (30) days before the successor contractor begins performing services under a covered contract. (1) If the successor contractor is unknown within the sixty (60) days before beginning services under a covered contract, the predecessor contractor may provide the information required in subsections (a) and (b) within ten (10) days of execution of the successor contract. (d) No less than twenty (20) days before the successor contractor first performs services under the covered contract, the successor contractor must make a written offer of employment to each covered employee listed under subsection (a) and must state a time period of not less than ten (10) days within which the employee must exercise the covered employee's right of first refusal by accepting or rejecting the offer of employment. The successor contractor may make offers of employment for job classifications performing essential service to individuals who are not covered workers listed under subsection (a) only after complying with the requirements of this subsection (d) for each covered worker listed under subsection (a) and the running of the time period for response set forth in the last offer of employment made pursuant to this subsection (d). (e) During a ninety (90) day worker retention period that begins on the first date a successor contractor performs essential services/services under a covered contractor, a successor contractor must: (1) Retain a covered employee who has exercised his or her right to accept employment with the successor contractor except as follows: a. A successor contractor may discharge a covered employee for cause; and/or b. A successor contractor may determine to provide services with a reduction in the number of workers as compared to its predecessor; provided, however, such successor contractor must retain the predecessor's workers by seniority within job classifications unless an alternative retention methodology is required by an enforceable collective bargaining agreement executed prior to the enactment date of this article. (2) Maintain a preferential hiring list of covered workers not retained initially by the successor contractor, from which the successor contractor must hire from if additional workers become necessary as determined in the successor contractor's discretion. (f) At the end of the ninety (90) day transition worker retention period, the successor contractor must perform a written performance evaluation for each covered employee retained in accordance with this section. The successor contractor shall retain a copy of the written performance evaluation for a period of not less than two (2) years. If the covered employee's performance during the ninety (90) day period is satisfactory, the successor contractor must offer the employee continued employment under the terms and conditions established by the successor contractor or as required by law. Nothing in this section shall be construed to create any right or entitlement to continued employment by the successor contractor for any particular period of time in excess of the ninety (90) day transition employment period.

(Ord. No. 818-21, § 1, 8-9-21)