§ 22-72. Airport service contractor worker retention program.

(a)

This section shall be known as the "Airport Service Contractor Worker Retention Program."

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:

Winning offeror is defined as an actual offeror who has been awarded a contract as defined in Atlanta City Code Section 2-1102.

Service contract means a city contract of the department of aviation in excess of $100,000.00, or generating any amount of revenue for the city, including but not limited to providing food, beverage, retail or lounge services for airport passengers and with a contract term of at least one year where the services to be performed are substantially similar to the service contract recently terminated or expired (as opposed to the purchase of goods or other property).

Service employee means any person employed as a service employee of a department of aviation contractor or subcontractor.

Subcontractor means any business that is not a service employee who enters into a contract with a contractor to assist the contractor in performing a service contract and who employs its own service employees.

Terminated or expired contract includes but is not limited to: (1) the completion of the service contract at the end of the contract term; (2) early termination of the service contract in whole or in part for any reason; (3) an amendment that reduces services provided under the service contract, in whole or in part, that subsequently requires the city to competitively procure for those reduced services.

(c)

Service contract transition and retention requirements. Winning offerors who receive a service contract solicited by the city's department of aviation to replace an expired contract will be required to enter into an agreement with the city which will, among other things, require the following:

(1)

To retain, for a 90-day trial employment period, service employees of the former employer with a service contract with the city that have been employed for at least the immediately preceding six months with that former employer, provided the service employee meets the following requirements:

a.

passes the selected winning offeror's established requirements for background checks and drug and alcohol testing in addition to any applicable department of aviation security requirements; and

b.

the employee desires to work for the winning offeror for the 90-day trial employment period.

(2)

To evaluate each service employee retained from a former employer during the 90-day trial period.

(3)

To offer the service employee continued employment under terms and conditions established by the selected winning offeror, subject to applicable city requirements, if in the sole discretion of the winning offeror the service employee's performance during the 90-day trial period is satisfactory.

(4)

To refrain from releasing from employment the service employee during the 90-day trial period unless such release from employment is for cause as determined by the winning offeror.

(5)

This section will not apply to managerial employees or executives, including those who would be so defined under the Fair Labor Standards Act.

(6)

If at any time a selected winning offeror determines that fewer employees are required than were required by the former employer, the winning offeror will retain the service employees applicable in this Code Section by seniority, which should be based on original date of hire within the job classification.

(7)

During the 90-day trial employment period, the winning offeror will be required to maintain a preferential hiring list of eligible service employees not retained by the winning offeror from which the winning offeror will hire additional employees if necessary.

( Ord. No. 2017-82(17-O-1659), § 1, 12-13-17 )