UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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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.
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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May 26, 2009 Order (Haight, J.) is hereby modified and superseded to permit the parties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
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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.
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Case 1:90-cv-05722-RMB-THK Document 1497 Filed 03/12/14 Page 3 of 3