EMPLOYEE RETENTION

SJ-MC tit. 25, ch. 25.11, pt. 7

in effect

San José Municipal Code § 25.11.700 Application.

25.11.700 - Application. Except as otherwise provided in this part, the employee retention requirements under this part shall apply to any airport business that provides services at the airport to either the city or to an airport businesses, including but not limited to: A. Food and beverage concessions; B. Retail concessions; C. Janitorial, custodial and facility maintenance services; D. Shuttle transportation; E. Parking lot management; F. Ground transportation management services; G. Security services; H. Curbside passenger check-in and baggage check services (sky caps); I. Wheelchair escorts; J. General aircraft maintenance; K. Baggage and cargo handling; L. Aircraft interior cleaning and carpet cleaning services; M. Washing and cleaning of aircraft or ground support equipment; N. Aircraft tow-in and push back; O. Engine oil servicing; P. Water and lavatory servicing; Q. Electrical and air power boost servicing; R. Ground support equipment repair and maintenance; S. Ground support vehicle fueling; T. Aircraft into-plane fueling and defueling. (Ord. 28432.)

San José Municipal Code § 25.11.710 Exemptions.

25.11.710 - Exemptions. The employee retention requirements of this part shall not apply to employees of the following airport businesses: A. Certificated air carriers; B. Car rental agencies; C. Fixed base operators; and D. Advertising concessionaires. (Ord. 28432.)

San José Municipal Code § 25.11.720 Notice to employees.

25.11.720 - Notice to employees. A. No less than sixty days prior to the termination of a predecessor employer's contract, the predecessor employer shall provide to the office of equality assurance a qualified displaced worker list with the names and contact information for all retention employees. B. No less than thirty days prior to the termination of a predecessor employer's contract, all retention employees shall be notified in writing that they have been placed on a qualified displaced worker list and that the successor employer will be required to offer him or her continued employment at the airport. The notification letter shall detail the worker retention process and timeline and include the phone number of and the name of a contact person at the office of equality assurance. (Ord. 28432.)

San José Municipal Code § 25.11.730 Retention offer.

25.11.730 - Retention offer. A. Except as otherwise provided in this part, successor employers subject to this part shall offer employment to all retention employees. B. The successor employer may treat any of its current employees as retention employees for purposes of this part who, based on payroll records or other reliable evidence, can be shown to the satisfaction of the director: 1. To have been employed for at least the six- month period prior to the date of the new contract by the successor employer; and 2. To not be eligible for continued employment by the successor employer other than the airport. C. In the event that the successor employer does not have enough positions available for all retention employees and its current employees eligible for retention under Subsection B., the successor employer shall hire the retention employees and retain its current employees who are eligible for retention by seniority within each employment classification. For any positions that become available during the initial ninety-day period of the new contract, the successor employer will hire retention employees and rehire its employees who are eligible for retention by seniority within each employment classification. (Ord. 28432.)

San José Municipal Code § 25.11.740 Retention period.

25.11.740 - Retention period. A. A successor employer shall not discharge a retention employee without cause during the initial ninety-day period of his or her employment. B. A successor employer shall offer continued employment to each retention employee who receives a satisfactory performance evaluation at the end of the initial ninety-day period of employment under terms and conditions established by the successor employer for all its employees. (Ord. 28432.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT25AI_CH25.11AILIWALAST_PT7EMREFetched: 11/1/2026