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SPIVAK FEB, 27, 2013 12:04PM Case 1:90-cv-05722-RMB-THK Document 1229

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


__. _ . _____________

________ _ . - - _ __ ____________ w _________ ) (

UNITED STATES OF AMERICA, Plaintiff, 90 Civ. 5722 (RMB) -againstDISTRICT COUNCil OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et aL, Defendants. ORDER ON JOB REFERRAL RULES AND ANTI-CORRUPTION COMPLIANCE PROCEDURES UNDER COLLECTIVE BARGAINING AGREEMENT

WHEREAS, on March 4, 1994, this Court entered a Consent Decree in this case brought

by the United States of Amertca (the IIGovemment") under the Racketeer


,
against, among other defendants,

Influenced and Corrupt Organizations Act

the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America (the "District Councin,

WHEREAS, the Consent Decree provided for Job Referral Rules to be followed by the District Council and employers and employer associations with which the District Council entered into collective bargaining agreement(s) ("CBA" or "CBAs"),

WHEREAS, on May 26, 2009 this COIJrt entered a Memorandum and, under the Consent Deoree and the All Writs Act, 28 U.S.C. 1651(a), a Final Order and Judgment of Contempt and Remedy (the "May 26, '2009 Prder") concerning CBAs and Job Referral Rules,

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WHEREAS, the May 26,2009 Order provided that no more than sixty-seven percent (67%) of carpenters on a job could be hired directly or designated by the employer, with at least thirty-three percent (33%) of the carpenters on a job referred from the District Council's Out of Work List,

WHEREAS, the District Council and

'Association of Wail-Ceiling & Carpentry

Industries of New York. Incorporated ("Wall-Ceiling"), one of the multiemployer associations covered by the May 26, 2009 Order, have now negotiated a successor CSA to the one that expired by its teons on June 30, 2011.

WHEREAS, a draft of that successor CSA, with a term of July 1, 2011 through June 30, 2016, a copy of which is annexed to this Order. provides for the hiring of carpenters other than Shop Stewards under the so-called "full mobility" procedure without requiring resort to the District Council's Out of Work List,

"

1,.

WHEREAS, the draft successor CSA permits, and the District Council is implementing, compliance procedures by which the District Council through its Shop Stewards and otherwise will be providing for the daily reporting by electronic or telephone means of the employment of carpenters and hours for each job site,

WHEREAS, the draft successor CBA provides the procedures by which WallCeiling contractors may dispute reported personnel and hours within one week after the close of the weekly payroll week,

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WHEREAS, the draft successor CBA provides for resolution of such disputes through the CBA's grievance and arbitration procedures,

WHEREAS, the draft successor CBA provides for arbitrator remedies for contractors found to have acted willfully and with bad Intent to violate the staffing and payrolling requirements under the successor CSA,

WHEREAS, the Court has revlewed and docketed the February 13, 2013 letter with exhibits from the District Council's counset representing the electronic reporting, membership review, jobsite integrity inspectors, and compliance remedies under the successor CBA to prevent corruption,

WHEREAS. on February 27, 2013 the Court held a conference and received a presentation from the District Council's outside vendor on how the electronic reporting and verification system works in practice,

WHEREAS, at the conference the Court heard from other representatives of the District Council, counsel for Wall-Ceiling, and members of the District Council with respect to the successor CBA's job staffing thfough so-called full mobility and the electronic reporting and anti-corruption compliance procedures,

WHEREAS, Review Officer Dennis M. Walsh, appOinted under the Court's June 3.2010 Stipulation and Order (the "Stipulation and Order"), and the Government

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appeared at the February 27, 2013 conference and stated that they had no objections to the implementation of job staffing through full mobility under the successor CBA so long f as the compliance and anti-corruption procedures were in place and were demonstrated
t.

to be effective, and

WHEREAS, to further continuing compliance with the Consent Decree and the Stipulation and Order and to prevent future violations of the Consent Decree and the Stipulation and Order, the Court concludes that it has the authority to enter this Order modifying the May 26, 2009 Order under its inherent authority:

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:


,
"

1.

The Court's May 26, 2009 Order is hereby modified to permit the District Council

and the Association of Wail-Ceiling & Carpentry Industries of New York, Incorporated. to implement the job referral and hiring and compliance procedures specified in the annexed draft successor CSA between the District Council and the Association of WallCeiling & Carpentry Industries of New York, Incorporated, with a term of July 1, 2011 through June 30,2016.

2.

The Court hereby authorizes and approves the anti-corruption and compliance

efforts and procedures being Implemented by the District Council and the Association of Wall-Ceiling & Carpentry Industries of New Yclrk. Incorporated with respect to the job referral and hiring procedures under the annexed draft successor CSA.

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3.

The District Council will file with the Court every thirty (30) days after entry of this

Order and every thirty days thereafter until further order of the Court a report describing

(1) the progress and effect of the electronic Jobs reporting procedures and the
compliance and enforcement procedures under the successor CBA, (2) the anticorruption enforcement efforts of the District qOIJ nell with respect to the successor CBA. and (3) any additional infonnation to assist the Court in its oversight of the District Council and continuing enforcement of the Consent Decree and the Stipulation and Order.

4.

The Court retains jurisdiction to hear and decide any disputes with respect to

material changes affecting the job referral and hiring procedures approved under this Order and incorporated in the annexed draft successor CBA.

SO ORDERED.
Dated: New York, New York February _ , 2013

,.

Richard M. Berman United States District Judge

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