SENATE, No. 514

SECTION 1. Chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following section: -

3B) - The Town of Canton shall have the opportunity to lease the Ponkapoag Golf Course and control  hours of operation, provided further, (1) a commitment to give the town of Canton community benefits equal to or greater then the amount that the contracting entity would pay in property taxes for the golf course if it were taxable commercial property and (2) that for the first five (5) years of any contract or lease, the contractor or lessee shall not raise any existing fees and charges for greens fees, golf cart and club rentals more than $5 per year and for season passes more than 5% per year. Subsequent to year five of any contract or lease, if the contractor or lessee proposes to increase any fee, or charge, they shall submit a letter of request to DCR.  In considering each request, DCR will consider all factors that DCR deems relevant, including, without limitation, the following:

(i)                  Capital investments made by  contractor or lessee to the Premises;

(ii)                Greens fees and other fees and charges by other  public golf courses within reasonable proximity of the Premises;

(iii)               The length of time since the last fee increase, if any; and

(iv)              Fees charged at other  existing DCR golf courses, it being a goal of DCR to ensure consistency in fees charged at such facilities.

No increase shall be charged until approved, in writing, by DCR.  DCR shall not unreasonably withhold, condition, or delay such approval.

; and

In said section, by striking the section in its entirety and replacing it with:

Notwithstanding any other provisions of this section or any other general or special law to the contrary, it shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the Commonwealth with any party regarding the subject matter of this section that any party which has entered into a contract pursuant to this section with the Commonwealth shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the golf course and to preserve the safety and environmental conditions of the course, that all employees currently working on the operation and maintenance of the course be offered employment by any party entering into a contract pursuant to this section, and that any such contract shall adopt all terms and conditions of employment provided by the last applicable labor agreement negotiated between the labor organization representing said employees and the employer who has most recently employed said employees prior to entering into any contract pursuit to this act; provided, however, that any party entering into such contract with the commonwealth pursuant to this section shall pay all of said employees not less than the sum of applicable wages paid to said employees by the previous employer.  Any such party entering into such contract with the commonwealth shall negotiate a successor agreement with the last applicable labor organization representing said employees prior to the expiration of the existing contract. Such parties shall agree to meet their legal obligations with regard to any labor organization representing employees engaged in the operation and maintenance of the course. Notwithstanding any special or general law to the contrary, any party entering into such contract with the Commonwealth shall provide all employees working on the operation and maintenance of the course with all of the rights and benefits including retirement and pension benefits, seniority rights, compensation and salary grade, accrued rights to holidays, sick leave, vacation and health insurance benefits, union representation or certified collective bargaining unit as certified by the state labor relations commission, and local union representation or affiliation that are at least equal to said employees' benefits provided by the Commonwealth.  Notwithstanding any other provisions of this act any proposal not complying with the above terms shall be disqualified from consideration.  Upon the execution of any agreements authorized by this section, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor to positions within the department at the same wages and benefits, subject to applicable collective bargaining agreements