Case 1:90-cv-05722-RMB-THK Document 1320

Filed 05/23/13 Page 1 of 2

1700 Broadway New York, NY 10019 T 212.765.2100 F 212.765.8954 spivakliptoncom

BY HAND Hon. Richard M. Berman United States District Judge Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 Re:

USDC SDNY DOCUMENT ELECTRONICALLY FILED

DOCH
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DArE FILED: 5/;J ::3::./15

United States v. District Council, et al., 90 Civ. 5722 (RMB) Collective Bargaining Agreement between the District Council and the Building Contractors Association, Inc.

Dear Judge Berman: This will serve to follow up my letter to Your Honor of May 16, 2013 that enclosed copies of the fully executed new collectively bargained agreement between the District Council and the Building Contractors Association, Inc. (the "BCA"), which included copies of the fully executed collective bargaining agreement and the related market recovery addendum (the "BCA CBA") (Doc 1316). At its regularly scheduled meeting held yesterday evening, the District Council's Delegate Body ratified the BCA CBA by a roll call vote of 47 to 15. By this letter, the District Council requests that Your Honor issue an Order similar to the one that you issued on May 8, 2013 with respect to the collective bargaining agreement between the District Council and the Association of Wall-Ceiling & Carpentry Industries of New York (Doc 1315). That Decision & Order modified the Court's May 26,2009 Order (Doc 961) on hiring ratios to allow for so-called full mobility while providing for comprehensive anti corruption compliance measures. The BCA CBA allows for its implementation as early as next Tuesday, May 28,2013, conditioned upon Your Honor's approval.

Respectfully submitted,

James M. Murphy

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Case 1:90-cv-05722-RMB-THK Document 1320

Filed 05/23/13 Page 2 of 2

SPNAKI.IPTONLLP
ATTORNEYS AT LAW

Hon. Richard M. Berman United States District Judge Re: United States v. District Council, et al., 90 Civ. 5722 (RMB) May 23,2013 Page 2

cc:

BY E-MAIL Dennis M. Walsh, Esq.

Review Officer
The Law Office of Dennis M. Walsh
415 Madison Avenue, 11th Floor
New York, NY 10017
Bridget M. Rohde, Esq. Counsel to the Review Officer Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 666 Third Avenue New York, NY 10017 Benjamin H. Torrance, Esq.
Tara LaMorte, Esq.
Assistant United States Attorneys
Civil Division
Office of the United States Attorney
for the Southern District of New York
86 Chambers Street
New York, NY 10007
Frederick D. Braid, Esq.
Holland & Knight LLP
31 West 52nd Street
New York, NY 10019
Paul O'Brien
Managing Director
Building Contractors Association, Inc.
451 Park Avenue South
New York, NY 10016
John O'Hare
Assistant Managing Director
Building Contractors Association, Inc.
451 Park Avenue South
New York, NY 10016