------------------------------------------------------------)( UNITED STATES OF AMERICA, Plaintiff, -against- DISTRICT COUNCIL OF NEW YORK CITY and VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS and JOINERS OF AMERICA, et al., Defendants. ------------------------------------------------------------)( USDC SL. -==-:..--===n DOCUM>: i: ELECTRu:\iC Y f'il LD : Doc .jl li tt: i! DArE FIL! 90 Civ. 5722 (RMB) ORDER Having reviewed the record herein, including, without limitation, (i) the May 26, 2009 Court Order determining that "[t]he percentage of the total carpenter workforce on a job site selected by a contractor shall not exceed 67%" with "[t]he remaining 33% of the total carpenter workforce on a jobsite ... assigned by the District Council from the Out of Work List," (Final Order and Judgment of Contempt and Remedy, filed May 27, 2009 ("2009 Order"), at 3(b)(iv), (v)); (ii) the Court's May 8, 2013 Decision and Order stating that "it is ordered that the Court's May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance procedures specified in the [collective bargaining agreement ("CBA")] between the District Council and the [Wall-Ceiling and Carpentry Industries ofNew York, Inc. ("WC&C")] approved on April25, 2013"; (iii) the District Council's February 14, 2014letter which: enclosed a copy of a new CBA between the District Council and the New York Trade Show Contractors Association (the "NYTSCA CBAs" or "Agreements"); noted that "[a]s with the other collective bargaining agreements submitted to Your Honor for review and approval, this CBA provides for full mobility, electronic reporting of jobs and hours, and the anti-corruption compliance features of those earlier agreements;" stated Case 1:90-cv-05722-RMB-THK Document 1497 Filed 03/12/14 Page 1 of 3 that the NYTSCA CBA "was ratified by the District Council's Delegate Body at its regularly scheduled meeting on February 12, 2014 by a roll call vote of 85 yes and 1 no;" and requested that the Court issue an order "similar to those earlier Orders with respect to collective bargaining agreements providing for full mobility, electronic reporting of jobs and hours, [and] anti- corruption compliance features." (Letter from James M. Murphy, Esq. to Hon. Richard M. Berman, dated Feb. 14, 2013, at 1); (iv) the hearing held on March 10, 2014; and (v) applicable legal authorities, the Court hereby grants the District Council's application and approves the CBA between the District Council and NYTSCA, including its provisions regarding full mobility, electronic reporting of jobs and hours, and anti-corruption compliance features, subject to the Court's directive that the parties to the NYTSCA CBA forthwith make good-faith efforts to comply with the Agreements' requirements regarding electronic reporting of jobs and hours, and anti-corruption compliance features. The Court's May 26, 2009 Order is hereby modified and superseded to permit the parties forthwith to implement the full mobility job hiring and compliance technology procedures specified in the NYTSCA CBA ratified by the District Council's Delegate Body on February 12, 2014. The District Council shall file with the Court approximately every thirty (30) days after entry of this Order and approximately every thirty days thereafter until further order of the Court a report describing (i) the progress and effect of the electronic jobs reporting procedures and the compliance and enforcement procedures under the CBA between the District Council and NYTSCA, the CBAs between the District Council and the Association of Concrete Contractors ofNew York, Inc. ("ACCNY"), the CBA between the District Council and the Cement League, the CBA between the District Council and the Contractors Association of Greater New York ("CAGNY"), the CBA between the District Council and the Floor Coverers Association of 2 Case 1:90-cv-05722-RMB-THK Document 1497 Filed 03/12/14 Page 2 of 3 Greater New York ("FCA"), the CBA between the District Council and the General Contractors Association ofNew York ("GCA"), the CBA between the District Council and the Building Contractors Association ("BCA"), and the CBA between the District Council and the WC&C; (ii) the anti-corruption enforcement efforts of the District Council; and (iii) additional information regarding the status of the CBA between the District Council and NYTSCA, the CBAs between the District Council and ACCNY, the CBA between the District Council and the Cement League, the CBA between the District Council and CAGNY, the CBA between the District Council and the Floor Coverers Association, the CBA between the District Council and the GCA, the CBA between the District Council and the BCA, and the CBA between the District Council and the WC&C pertaining to enforcement of the Consent Decree. The reports may be consolidated. Dated: New York, New York March 12, 2014 RICHARD M. BERMAN, U.S.D.J. 3 Case 1:90-cv-05722-RMB-THK Document 1497 Filed 03/12/14 Page 3 of 3