Although at first blush, it seems to go just toward city-assisted developers, but the depth and breadth of the Labor Peace Executive Order issued by New York Mayor Bill de Blasio’s could be far more reaching. The order, which was signed a couple of weeks ago and took effect immediately, requires that certain developers – limited to those developing 100,000 sf of space, or 100 housing units, who have received at least $1 million in city assistance – allow workers to unionize. When one reads it a bit more closely however, it has provisions that could reach far beyond that developer. In particular, it requires the developer to agree to a “labor peace clause” that binds the developer to require each covered employer operating on the premises (defined as those operating retail or food service establishments in businesses that employ at least 10 people and occupy more than 15,000 square feet) to enter a “Labor Peace Agreement” with a union seeking to represent “covered employees” working on the premises – and, the labor peace clause would remain in effect at least for 10 years and possibly longer if the developer continues to receive city subsidies. The real poison pill in the order however, comes from the mandate that the Labor Peace Agreement between the covered employer and union must require the covered employer to maintain a “neutral posture” with regards to union efforts to organize and represent covered employees – essentially, the covered employer cannot advocate against unionization to their own employees! In exchange, the union and its members agree to refrain from economic interference, such as picketing, work stoppages, boycotts, etc. Be aware if you’re thinking of opening your next store in a new or renovated city-assisted economic development!