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A. No less than fifteen calendar days after execution of a transfer document, incumbent hotel employers shall provide to the successor hotel employer a full and accurate list containing the name, home address and telephone number, date of hire, and job category of each hotel employee employed by the incumbent hotel employer.

B. The successor hotel employer shall retain for a ninety-day transition employment period all hotel employees that were employed by the incumbent hotel employer. During the ninety-day transition period, the successor hotel employer shall not substantially change a hotel employee’s work schedule or work location.

C. Successor hotel employers shall ensure that a notice to hotel employees is posted setting forth the rights provided under this chapter and including a copy of any list provided pursuant to subsection A of this section with the home addresses and phone numbers redacted, and that the notice is also provided to the hotel employees’ collective bargaining representative, if any. The notice and list shall be posted in the same location and manner that other statutorily required notices to employees are posted.

D. If at any time during the ninety-day transition period a successor hotel employer determines that fewer hotel employees are required than had been employed by the incumbent hotel employer, the successor hotel employer shall retain the hotel employees by seniority within job classification; provided, that during the ninety-day transition period, successor hotel employers shall maintain a preferential hiring list of those hotel employees not retained who shall be given a right of first refusal to any jobs within their classifications that become available during the ninety-day transition period.

E. Except as provided in subsection D of this section, during the ninety-day transition period, successor hotel employers shall not discharge without cause hotel employees retained pursuant to this section.

F. At the end of the ninety-day transition period, successor hotel employers shall complete a written performance evaluation for each hotel employee retained pursuant to this section. If a hotel employee’s performance during the ninety-day transition period is satisfactory, the successor hotel employer shall offer the hotel employee continued employment under the terms and conditions established by the successor hotel employer.

(Ord. 2776 NCS §3, 2021.)