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EMPLOYMENT CONTINUITY/ WORKER RETENTION AT MAJOR US AIRPORTS (excluding four Canadian airports in the North American top 50 by passenger volume)
Continuity policy/ mandatory retention - The following 10 US airports are known to have mandatory worker retention/employee continuity included in their contracting requirements, for at least some portion of the employment base in
airport dining and retail. These policies have not undergone any specific legal review, and do not represent any recommendations. (*Sales per enplanement is average dollar spend per departing passenger)
Rank --   2012   2102 SPE                                                                                                                                                      Focus on Small
Retention Policy Airport     Governance        Management Model          Operators           Most Recent Transition        Specific Retention Policy        Employer Exemptions                      Focus on Local Concepts
Pax    SPE*   RANK                                                                                                                               Business/ACDBE
3    $9.33    24  Los Angeles International     Municipal      Multiple prime operators,  LAX prime leases in Terminals Transition ongoing since 2008-09   Required to retain outgoing   No employer exemptions without ACDBE mostly achieved  Local food and retail
Airport                         private developer with 17-  4,5,7 & 8: HMSHost, Hudson, from prime operators to (in some operators' employees for 90-days.       board approval.        via joint ventures with   concepts operated by
year contract.        DFS and direct lease with   cases new) operators. Developer                                                   large prime operators.    prime operators or
CMS, an ACDBE. Tom Bradley subleasing in Tom Bradley Terminal                                            One ACDBE direct lease. sublessees to developer
Developer: Westfield        to prime operators.                                                                      under brand license
(contracts with HMSHost,                                                                                           agreements.
Hudson)
6    $14.10    1     John F. Kennedy      Port Authority    Third-party managers, private   Terminal 1: AVAirPros,   Transitions on an ongoing basis in   Required to retain outgoing     No employer exemptions.    Developer required to   Local food concepts
International Airport                    developers (airline-owned or Terminals 2 & 3: Delta Airlines airline-controlled terminals. Most  operators' employees for 90 days,                          recruit ACDBE operators   operated by prime
leased terminals). Developers (OTG), Terminal 4:JFKIAT (SSP,  recent transitions to developer     so long as the succeeding                             to meet goal, no small  operators. No local retail
sublease to prime operators.  Hudson), Terminal 5: JetBlue OTG in Delta and JetBlue terminals. concession is of the same type as                            business focus.         concepts.
(OTG), Terminal 7: British                              the preceding concession.
Airways, Terminal 8: AA
(Westfield)
7    $12.28    6      San Francisco        Municipal      Prime and independent   Multiple operators including   Last transition from master   Must be retained for a minimum   No employer exemptions. SFO  Direct small business and Strong emphasis on local
International Airport                     operators, but no dominant  HMSHost, High Flying Foods,   concessionaire (HMSHost) to   90 days of trial employment by the  requires new operators to join a   ACDBE participation as    concepts. Directly
operator         Hudson, HBF and others.       multiple operators.          successor contractor.      joint employer bargaining unit    well as joint venture  operated by mostly local
representing all tenants in contract  agreements with large       operators.
negotiations with labor.          operators.
11   $8.29    44    Phoenix Sky Harbor    Municipal/County    Multiple prime operators   HMSHost, Delaware North, Ongoing transition since 2008 from New operators are required to hire   No employer exemptions.    ACDBE participation  Some emphasis on local
International Airport                                            SSP, Hudson, Paradies.      dominant prime operator     from a pool of qualified workers                            exclusively via joint    concepts operated by
(HMSHost) to multiple prime     until the pool is exhausted.                            venture agreements.     prime operators.
operators.
14   $12.11    7     Newark Liberty      Port Authority       Private Developer      Developer: Westfield    Long-term developer contracts.    Required to retain outgoing     No employer exemptions.    Developer required to  Predominantly national
International Airport                                           (contracts w/ HMSHost,    Developer subcontracts to prime  operators' employees for 90 days,                          recruit ACDBE operators food brands operated by
Areas, Hudson)             operators.           so long as the succeeding                           to meet goal, no small   prime operators. No
concession is of the same type as                             business focus.      local retail concepts.
the preceding concession.
20   $7.89  54 (tied)   LaGuardia Airport     Port Authority       Private Developer     Developer: Marketplace   Long-term developer contracts.    Required to retain outgoing     No employer exemptions.    Developer required to  Limited focus on local
Development      Developer subcontracts to prime operators' employees for 90-days,                     recruit ACDBE operators concepts. No local retail
operators. New bid for developer    so long as the succeeding                            to meet goal, no small       concepts.
anticipated soon.       concession is of the same type as                             business focus.
the preceding concession.
21   $8.01    49  Ft Lauderdale-Hollywood     County       Multiple prime operators       Lauderdale      Dominant operators HMSHost and   Required to offer continued     No employer exemptions.     Exclusively via joint   Predominantly national
Intl Airport                                                 Partners/Delaware North,   Delaware North received 15-year   employment for 45 days, unless                            venture agreements with food brands operated by
HMS Host, Paradies, Hudson    extensions in 2008. Other     not needed for operation. No                           large operators.     prime operators. No
transitions took place between     obligation beyond 45 days.                                             local retail concepts.
prime operators.

Rank --         2102 SPE                                                                                                                                                      Focus on Small
2012 SPE       Retention Policy Airport    Governance       Management Model         Operators          Most Recent Transition       Specific Retention Policy       Employer Exemptions                   Focus on Local Concepts
Pax         RANK                                                                                                                               Business/ACDBE
27   $8.31    43   San Diego International      County       Multiple prime operators  Food service: SSP, High Flying    Transition from master     Required to hire from pool of    Employers with 10 or fewer   No direct small business, Strong emphasis on local
Airport                                                Foods, HMSHost        concessionaire HMSHost to      employees and retain for a   employees exempt, but there were  one non-local ACDBE   concepts all operated
multiple prime operators in 2012.      minimum of 90 days.          no such employers.       direct lease operator,      under license
otherwise exclusively via   agreements/joint
joint venture      ventures with prime
agreements with large      operators.
operators.
35   $7.89  54 (tied)  Oakland International  Port Authority/Muncipal Prime operators for food, one HMS Host, High Flying Foods,  From master operator Delaware   Required HMSHost to retain    City ordinance provided living   Limited direct small     Local concepts
Airport                            prime for retail          World Duty Free        North to two contracts with   employees of Delaware North for a  wage and other exemptions for     business, ACDBE      predominately via
HMSHost 2006.         minimum 90 days per city    small business with 20 or fewer  participation achieved  license agreements with
ordinance.          employees, but Port enacted      via subtenant     prime concessionaire.
resolution that removed the     agreements with    One prime is local with
exemption for the airport. Recently      HMSHost.         local concepts.
lost lawsuit brought by ACDBE
tenants against the Port. Currently
on appeal.
40   $8.53    40   San Jose International     Municipal      Multiple prime operators   HMSHost, Pacific Gateway   From master concessionaire   Operators "must retain workers    No employer exemptions.    ACDBE participation  Predominantly national
Airport                                               Concessions, Hudson      HMSHost to multiple prime     performing services under the                             achieved both as   food brands operated by
operators in 2007.       current concession agreement."                           subtenants and joint    prime operators. No
venture agreements with  local retail concepts.
large operators.
Encouraged Retention/Continuity Policy Airports - Numerous airports encourage continuity of employment, but many do not include it in contract documents. The following three airports are examples with such language.
Rank --         2102 SPE                                                                                                                                                      Focus on Small
2012 SPE       Retention Policy Airport    Governance       Management Model         Operators          Most Recent Transition       Specific Retention Policy       Employer Exemptions                   Focus on Local Concepts
Pax         RANK                                                                                                                               Business/ACDBE
17    $9.15    25    Detroit Metropolitan      County       Multiple prime operators  For food service: HBF, Midway   Transitioning from 35-year    New operators must interview   No employer exemptions from  One direct mulitple unit  Increased emphasis on
Wayne County Airport                                       Concessions, Areas    incumbent HMSHost to new prime   existing employees and are    interviewing current employees.   food service ACDBE,   local concepts. ACDBE
operators, new contracts awarded  encouraged, but not required, to                         otherwise achieved via  operator is a local firm.
in early 2014 for majority of the             hire                                         joint venture
existing program.                                                          agreements.
24    $8.11    48     Chicago Midway       Municipal        Private developer       Developer: Unison.    Long-term developer contracts.  Required to include information   Infromation provided in RFP   ACDBE particpation via  Some local concepts
International Airport                                          (Contracts with HMSHost,                             about retention, preferential     response is required, but no       joint venture        operated by local
Hudson, MAC One (local),                           interviews etc. for existing    specific commitment required by  agreements with large    operators under
Aero-Dine LLC (local))                                employees as part of RFP             proposers.          operators, or directly   developer agreement.
management and operations plan                       recruited by developer.   Also local concepts
under prime license
agreements.
41    $8.82    30      Sacramento         County       Multiple prime operators  Food service: HMSHost & SSP, Awarded multiple new contracts in Proposers encouraged to give first All employers encouraged to give   Exclusively via joint  Strong emphasis on local
International Airport                                           Retail: Paradies & Pacific    2010 to prime operators, food      consideration to current       first consideration to current   venture agreements with food concepts achieved
Gateway       service contract in 2014 to prime       employees.             employees.         large operators.     by brand license
SSP. Primes are not universally                                                                      agreements with prime
unionized at SMF.                                                                     operators. Signature fullservice
restaurant local
license with HMSHost.

Non-Retention/Continuity Policy Airports - The majority of airports have no specific labor or retention/continuity policies, Portland International is provided as detail example.
Rank --         2102 SPE                                                                                                                                                      Focus on Small
2012 SPE       Retention Policy Airport    Governance       Management Model         Operators          Most Recent Transition       Specific Retention Policy       Employer Exemptions                   Focus on Local Concepts
Pax         RANK                                                                                                                               Business/ACDBE
29               Portland International    Port Authority     Prime and independent    40 operators among 60  Transition from master operator to  None currently. Portland has a          N/A           Achieves ACDBE    Strong emphasis on
Airport                        operators, but no dominant  locations. Two operators for  current model in 1998. Transition  significant number of contracts                             participation via      direct lease local
operator.         news: World Duty Free,   has taken place in ongoing phases  expiring in the next three years.                           subtenancy, joint     concepts under self-
Paradies. Food operators          since then.          Labor is pressuring to change its                          ventures and via direct  operation such as Nike,
include HMS Host, SSP,                          model to favor prime operators in                          leasing with ACDBEs.   Columbia, Powells, etc.
Sandovals Mexican (local).                            order to make program more                                             Portland has one FTE
Retail includes Powell's, Nike,                              conducive to organizing.                                                 devoted to direct small
Columbia, Pendelton.                                                                                         and local business
HMSHost and SSP are not                                                                                       recruitment.
unionized in PDX.
The following 33 airports have no worker retention/employee continuity requirement (Rank by passenger volume noted): Hartsfield-Jackson Atlanta International Airport (1), O'Hare International Airport (2), Dallas/Ft. Worth International Airport (4), Denver International Airport
(5), Charlotte Douglas International Airport (8), McCarran International Airport (9), Miami International Airport (10), George Bush Intercontinental Airport (12), Orlando International Airport (13), Seattle-Tacoma International Airport (15), Minneapolis/St Paul International Airport
(16), Philadelphia International Airport (18), Logan International Airport (19), Baltimore/Washington International (22), Washington Dulles International Airport (23), Ronald Reagan Washington National Airport (25), Salt Lake City International Airport (26), Tampa International
Airport (28), Portland International Airport (29), Lambert-St Louis International Airport (30), WP Hobby Airport (31), Nashville International Airport (32), Austin-Bergstrom International Airport (33), Kansas City International Airport (34), John Wayne Airport (36), Louis Armstrong
New Orleans International Airport (37), Raleigh-Durham International Airport (38), Cleveland Hopkins International Airport (39), Love Field Dallas (42), San Antonio International Airport (43), Pittsburgh International Airport (44), Southwest Florida International Airport (45),
Indianapolis International Airport (46).

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