proposed order full mobility

7/29/2019 Proposed Order Full Mobility

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,UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK __ ._ ._____________ _________ . - - _ __ ____________ w _________) (

UNITED STATES OF AMERICA,Plaintiff, 90 Civ. 5722 (RMB)-against-

DISTRICT COUNCil OF NEW YORK CITY ORDER ON JOBAND VICINITY OF THE UNITED REFERRAL RULES ANDBROTHERHOOD OF CARPENTERS AND ANTI-CORRUPTIONJOINERS OF AMERICA, et aL, COMPLIANCE PROCEDURESUNDER COLLECTIVEDefendants. BARGAINING AGREEMENT

WHEREAS, on March 4, 1994, this Court entered a Consent Decree in this casebrought by the United States of Amertca (the IIGovemment") under the RacketeerInfluenced and Corrupt Organizations Act against, among other defendants,,the District Council of New York City and Vicinity of the United Brotherhood ofCarpenters and Joiners of America (the "District Councin,

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

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

Case 1:90-cv-05722-RMB-THK Document 1229 Filed 02/27/13 Page 3 of 71


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

WHEREAS, the District Council and 'Association of Wail-Ceiling &CarpentryIndustries of New York. Incorporated ("Wall-Ceiling"), one of the multiemployerassociations covered by the May 26, 2009 Order, have now negotiated a successorCSA 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 throughJune 30, 2016, a copy of which is annexed to this Order. provides for the hiring ofcarpenters other than Shop Stewards under the so-called "full mobility" procedurewithout requiring resort to the District Council's Out of Work List,

" 1,.WHEREAS, the draft successorCSA permits, and the District Council isimplementing, compliance procedures by which the District Council through its ShopStewards and otherwise will be providing for the daily reporting by electronic ortelephone means of the employment of carpenters and hours for each job site,

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

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

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

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

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

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

WHEREAS, Review Officer Dennis M. Walsh, appOinted under the Court's June3.2010 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 tothe implementation of job staffing through full mobility under the successor CBA so long

t. fas the compliance and anti-corruption procedures were in place and were demonstratedto be effective, and

WHEREAS, to further continuing compliance with the Consent Decree and theStipulation and Order and to prevent future violations of the Consent Decree and theStipulation and Order, the Court concludes that it has the authority to enter this Ordermodifying 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 Counciland the Association of Wail-Ceiling & Carpentry Industries of New York, Incorporated. toimplement the job referral and hiring and compliance procedures specified in theannexed draft successor CSA between the District Council and the Association of Wall-Ceiling & Carpentry Industries of New York, Incorporated, with a term of July 1, 2011through 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 ofWall-Ceiling & Carpentry Industries of New Yclrk. Incorporated with respect to the jobreferral 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 thisOrder 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 thecompliance and enforcement procedures under the successor CBA, (2) the anti-corruption enforcement efforts of the District qOIJnell with respect to the successor CBA.and (3) any additional infonnation to assist the Court in its oversight of the DistrictCouncil and continuing enforcement of the Consent Decree and the Stipulation andOrder.

4. The Court retains jurisdiction to hear and decide any disputes with respect tomaterial changes affecting the job referral and hiring procedures approved under thisOrder and incorporated in the annexed draft successor CBA.

SO ORDERED.Dated: New York, New YorkFebruary_, 2013 , .

Richard M. BermanUnited States District Judge

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proposed order full mobility

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