16 Item to codify right to recall and labor peace
Request of Mayor Pro Tempore Torosis, Councilmember Raskin and Councilmember Zwick to direct the City Attorney to return with right to recall and labor peace ordinances to protect both workers and the City’s proprietary and financial interest in revenue-generating City-owned property.
The Santa Monica Pier is one of the most iconic and beloved public assets in our City— owned and maintained by the City of Santa Monica itself. As a cultural landmark and economic engine, the Pier plays a vital role in our local economy and global brand. It is home to restaurants, retailers, amusement rides, and entertainment spaces that together form a vibrant community hub for both residents and visitors.
In 2023 alone, Santa Monica welcomed 4.6 million visitors, generating $938 million in local spending and supporting over 7,100 jobs. The Pier stands as one of the most visited and photographed sites in the region—ranked as the 2nd most Instagrammed location in California and 8th most Instagrammed in the world. These numbers underscore the Pier’s critical role in sustaining jobs, driving tourism, and strengthening the City’s economic vitality.
Given that the City of Santa Monica owns and leases this property, the City has a unique responsibility to ensure that this public asset benefits not just businesses, but also the workers who help bring it to life every day. When experienced employees are laid off through no fault of their own—such as during seasonal downturns or economic disruptions—and are not given a fair opportunity to return, we risk undermining workforce stability and institutional knowledge critical to the Pier’s success.
A Right to Recall policy provides a balanced, business-friendly solution: it enables employers to prioritize the rehiring of qualified former employees while preserving operational flexibility. Cities like Los Angeles (through LAWA) and Long Beach have adopted similar measures for industries with high turnover and tourism dependence.
These policies help businesses reduce retraining costs, ensure quality service, and foster trust among workers and customers alike.
Moreover, to mitigate the risk of labor disruptions and maximize business opportunities, the City has incorporated labor peace provisions into its leasing guidelines for Pier tenants. These provisions require tenants to refrain from practices that could impede employees' rights to organize and bargain collectively. However, these provisions have yet to be codified in Santa Monica’s Municipal Code. By requiring a Labor Peace Agreement (LPA) in any new, amended, or renewed lease, license, or concession agreement, the City can protect its proprietary and financial interest in City-owned property that generates revenue and provide a stable environment for both businesses and employees.
16 Item to codify right to recall and labor peace
By adopting a recall policy tailored to the Pier, and codifying its commitment to labor peace, Santa Monica can continue to demonstrate that we are a city that values both entrepreneurial innovation and worker dignity—recognizing that economic recovery and resilience must be built together.
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Therefore, Mayor Pro Tem Torosis, Councilmember Raskin, and Councilmember Zwick request that the City Council direct the City Manager and City Attorney to return with a draft ordinance establishing a Right to Recall policy applicable to all businesses operating on the Santa Monica Pier, modeled after the policies adopted by:
● The Los Angeles World Airports (LAWA) [Ordinance No. 185356 – Worker Retention Policy], and
● The City of Long Beach [Municipal Code Chapter 16.59 – Worker Recall Rights in the Hospitality and Tourism Industry]
The proposed ordinance should include the following elements:
1. Applicability:
All businesses operating under lease, sublease, license, permit, concession agreement or assignment on the Santa Monica Pier, including but not limited to food service, retail, entertainment, and tourism-related establishments.
2. Eligibility:
Workers who were employed for a specified period prior to separation (at least 6 months for a specified number of hours per week) and were laid-off for nondisciplinary reasons such as economic downturn, pandemic, or seasonal fluctuation.
3. Recall Rights:
When an open position becomes available, the employer must offer it to a laid-off worker who is qualified for the position. A laid-off worker is considered qualified if they previously held the same or a similar position or can be trained for it with the same training offered to a new hire. The ordinance should include a requirement that employers offer open positions to qualified former employees in order of seniority before hiring new workers, and that former employees are recalled and hired back for a period of 90 days before employers are permitted to do a 16 Item to codify right to recall and labor peace
performance evaluation.
4. Notice and Recordkeeping:
Requirements to maintain up-to-date contact information and provide written notice of reemployment opportunities for a reasonable period.
5. Operational Flexibility:
Reasonable exemptions for businesses in cases of documented performance issues, operational restructuring, or business closure, subject to clear standards.
6. Review Clause:
A sunset or evaluation clause allowing the City Council to assess the ordinance’s effectiveness within a specified timeframe (e.g., two years) and consider amendments or continuation as needed.
The City Council shall further direct the City Attorney to return for Council adoption within 120 days with a City ordinance for Labor Peace Agreements on new, amended, or renewed leases, licenses, or concession agreements with operators on City of Santa Monica owned or operated property. The ordinance shall also apply to subleases, sublicenses, assignments, or transfers.