Chicago City Council November 17, 2021 Referred to Committee on Workforce Development
SUBSTITUTE ORDINANCE
WHEREAS, labor disputes involving Service Providers at the Airports would impede the efficient and orderly provision of these critical Services to the traveling public; and
WHEREAS, in an ordinance adopted by the City Council of the City of Chicago ("City Council") on June 9, 1993 ("1993 Ordinance"), the Commissioner of Aviation was authorized to grant permits and promulgate rules and regulations relating to the Services at the Airports, and the 1993 Ordinance included, as an exhibit, the form of permit; and
WHEREAS, the form of permit approved in the 1993 Ordinance was updated and replaced in an ordinance adopted by the City Council on March 12, 2008 ("2008 Ordinance"), and the 2008 Ordinance included, as an exhibit, the updated form of permit; and
WHEREAS, the form of permit approved in the 2008 Ordinance was updated and replaced with a form of Certified Service Provider License Agreement "License" In an ordinance adopted by the City Council on September 6, 2017 ("2017 Ordinance"); and
WHEREAS, the City now desires to replace the form of License adopted in the 2017 Ordinance with the form of License attached to this ordinance as Exhibit A; and
WHEREAS, the City, as the operator of the Airports, seeks to require Service Providers to obtain Licenses to provide Services at the Airports in order to ensure airport safety and security; optimize the use of Airport facilities, including airfield space; eliminate congestion on the airfield: improve vehicle and equipment safety; and maintain a high quality of customer service to the traveling public at the Airports; and
WHEREAS, the City, as the operator of the Airports, seeks to reduce the potential for labor-related disruptions at the Airports by requiring Service Providers, as a condition of therr License, to agree to enter Into agreements with tabor organizations representing or seeking to represent their employees, upon request, which prohibit the labor organizations and their members from engaging in picketing, work stoppages, boycotts, or other means of dispute resolution that interfere with a Service Provider's ability to conduct uninterrupted business operations at the Airports; now, therefore, .<
Be it Ordained by the City Council of the City of Chicago:
SECTION 1. The Commissioner is authorized to make such amendments and modifications to the form of License attached to this ordinance as EXHIBIT A as the Commissioner may determine to be reasonable or necessary from time to time.
SECTION 2. Section 2.11 "Base Wages for Employees of Licenses" of the form of License as identified in EXHIBIT A is hereby amended by inserting the underscored language and deleting the struck-through language, as indicated in the EXHIBIT A.
SECTION 3. This ordinance shall be in full force and effect after its passage and approval.
EXHIBIT A
Section 2.11 Base Wages for Employees of Licensees.
Section 2.11 Base Wages for Employees of Licensees.
2.11.1 Definitions. For the purposes of this License, the following definitions will apply to this Section 2.11:
"Employee" means a person employed by Licensee, or its subcontractor or sublicensee, and who is performing Services under this License at the Airport and who is paid an hourly rate for his or her work by Licensee, or its subcontractor or sublicensee. For purposes of this License, the term "Employee" does not include persons subject to subsection 4(a)(2), subsection 4(a)(3), or Section 6 of the Minimum Wage Law.
"Gratuities" has the meaning ascribed to that term the Minimum Wage Law.
"Minimum Wage Law" means the Illinois Minimum Wage Law, 820 ILCS 105/1, et seq., in force on the effective date of this License and as thereafter amended.
2.11.2. Except as provided in subsections 2.11.4 and 2.11.4 herein, Licensee shall: (i) pay its Employees no less than $15.0013.45 per hour for work performed under the License; and (ii) require any subcontractors or sublicenses to pay their Employees no less than $13.4515.00 per hour for work performed under the License. Beginning on July 1, 20214-8, this minimum hourly wage shall increase to $16.00 per hour. Beginning on July 1, 20224-8, and every July 1 thereafter, this minimum this-hourly wage shall increase to $18.00 per hour. Beginning on July 1, 2023, and on every July 1 thereafter, the minimum hourly wage rate shall increase in proportion to the increase, if any, in the Consumer Price Index for All Urban Consumers most recently published by the Bureau of Labor Statistics of the United States Department of Labor. Any hourly wage increase pursuant to this subsection 2.11.2 shall be rounded up to the nearest multiple of $0.05. Such increase shall remain in effect until any subsequent adjustment is made. Notwithstanding these minimum hourly wage rates, nothing herein shall prohibit Employees who have customarily received Gratuities from continuing to receive Gratuities.
Sec. 2.11.3 \delete in entiret\>~\
2