ARTICLE VIII. UNION DETERRENCE
21-100 Policy.
It is the policy of the City of Burlington to limit letting contracts to organizations that provide union deterrence services to other companies.
(Ord. of 3-27-06/4-26-06)
21-101 Definitions.
(a) Contractor or vendor. A person or entity that has a contract with the City of Burlington primarily for the furnishing of services (as opposed to the purchasing of goods), including any subcontractors of such contractor or vendor.
(b) Government funded project. Any contract for services which involves any City funds and the total amount of the contract is fifteen thousand dollars ($15,000.00) or more. Burlington School Department contracts shall not be considered government funded projects under this article.
(c) Union deterrence services. Services provided by a contractor, subcontractor or vendor that are not restricted to advice concerning what activities by an employer are prohibited and permitted by applicable laws and regulations, but extend beyond such legal advice to encouraging an employer to do any of the following:
1) Hold captive audience, (i.e., mandatory) meetings with employees encouraging employees to vote against the union;
2) Have supervisors force workers to meet individually with them to discuss the union;
3) Imply to employees, whether through written or oral communication, that their employer may have to shut down or lay people off if the union wins the election;
4) Discipline or fire workers for union activity;
5) Train managers on how to dissuade employees from supporting the union.
(d) Substantial portion of income. For the purposes of this article, substantial portion of income shall mean greater than ten (10) percent of annual gross revenues or one hundred thousand dollars ($100,000.00), whichever is less.
(Ord. of 3-27-06/4-26-06)
21-102 Implementation.
(a) No contract for a government funded project shall be let to any contractor, subcontractor, or vendor who
1) Advises or has advised an employer to conduct any illegal activity in its dealings with a union.
2) Advertises union deterrence services as specialty services;
3) Earns a substantial portion of its income by providing union deterrence services to other companies in order to defeat union organizing efforts.
(b) Prior to the commencement of work on a government funded project a contractor, subcontractor or vendor shall provide written certification that it has not advised the conduct of any illegal activity, it does not currently, nor will it over the life of the contract provide union deterrence services in violation of this article.
(Ord. of 3-27-06/4-26-06)
21-103 Enforcement.
(a) Any contractor, subcontractor or vendor who files false or materially misleading information in connection with an application, certification or request for information pursuant to the provisions of this article or provided union deterrence services during the life of a contract for a government funded project shall be deemed to be in violation of this article.
(b) The City of Burlington shall have the right to modify, terminate and or seek specific performance of any contract for a government funded project if the contractor, subcontractor or vendor has not complied with this article.
(Ord. of 3-27-06/4-26-06)