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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X UNITED STATES OF AMERICA, Plaintiff, -againstDISTRICT COUNCIL OF NEW YORK CITY and VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS and JOINERS OF AMERICA, et al., Defendants. X 90 Civ. 5722(RMB)

THE SIXTH THIRTY-DAY REPORT REGARDING ELECTRONIC JOB REPORTING AND RELATED COMPLIANCE PROCEDURES SPECIFIED IN THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS AND THE ASSOCIATION OF WALLCEILING AND CARPENTRY INDUSTRIES OF NEW YORK,INC.,THE BUILDING CONTRACTORS ASSOCIATION,INC.,THE GENERAL CONTRACTORS ASSOCIATION,INC., THE FLOOR COVERERS ASSOCIATION OF GREATER NEW YORK,INC.,THE CONTRACTORS ASSOCIATION OF GREATER NEW YORK,AND THE CEMENT LEAGUE,INC.

District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America 395 Hudson Street New York, NY 10014

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Introduction The District Council submits this Sixth Thirty-Day Report pursuant to (1)the Decision & Order entered on May 8, 2013 (Doc. 1315),(2)the Order entered on June 11, 2013(Doc. 1332), (3)the Order entered on July 16, 2013(Doc. 1358),(4)the Order entered on September 3, 2013 (Doc. 1386),(5)the Order entered on September 12, 2013(Doc. 1394), and (6)the Order entered on October 23, 2013(Doc. 1426) in United States v. District Council,90 Civ. 5722(RMB). This report covers the period from November 1, 2013 to November 30, 2013 and sets forth statistics regarding electronic job reporting and related anti-corruption compliance measures established by the District Council's collective bargaining agreements("CBAs") with the Wall-Ceiling and Carpentry Industries of New York, Inc.("WC&C"),the Building Contractors Association, Inc. ("BCA"),the General Contractors Association of New York, Inc.("GCA"), the Floor Coverers Association of Greater New York, Inc.("FCA"), the Contractors Association of Greater New York("CAGNY"), and the Cement League, Inc.("CLI"). The most recent of these court orders, approving the CBA between the District Council and the CLI, provides,"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 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;(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 the Cement League, the CBA between the District Council and CAGNY,

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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." Order at 2-3, United States v. District Council, 90 Civ. 5722 (S.D.N.Y. Oct. 23, 2013), ECF No. 1426. (RMB) Electronic reporting is now in effect on jobs for all six of the associations for which this Court approved CBAs containing full mobility provisions this year. As of the District Council's last thirty day report, electronic reporting had not yet been implemented for CAGNY and CLI jobs. The system went live for both of those associations on November 11, 2013. Electronic Reporting As this Court is aware, the CBAs with the WC&C,BCA, GCA,FCA, CAGNY,and CLI each require District Council shop stewards to report all of the hours worked by members on their jobsites via the electronic reporting system, either through the Enterprise ET1 tablets distributed by the District Council, smart phones, personal computers, or any other device with an internet connection. While the shop stewards are expected to keep a written back-up record in their Shop Steward's Record Booksa copy of which was submitted as Exhibit 3 to the first thirty-day reportall shop stewards are supposed to report their hours through the electronic -hour closures to allow for system. The electronic system is available at nearly all times, with off system maintenance from 12:00 a.m. to 1:30 a.m. on weekdays and from 7:00 p.m. Saturday to 3:00 a.m. Sunday. In the event that a technical problem with the device or the website prevents a shop steward from reporting electronically, this does not relieve the steward of his or her responsibility to report hours daily. Rather, the District Council also maintains a toll-free telephone hotline that is staffed weekdays from 6:00 a.m. to 9:00 p.m. and from 10:00 a.m. to 6:00 p.m. on weekends. While the availability of this toll-free number is critical to ensure that 2

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hours are captured daily, the shop stewards have been informed that telephone reporting is not for regular use, but rather is a back-up mechanism. As noted in the District Council's December 3, 2013 letter to the Court, Executive Secretary-Treasurer Pro Tem ("EST') Stephen McInnis wrote a letter to the shop stewards clarifying this point and stressing the mandatory nature of daily electronic reporting. The letter was sent to all shop stewards via e-mail, posted on the main homepage of the District Council website, and was handed out as a flyer when the shop stewards came into the District Council on Wednesday, December 4, and Thursday, December 5. In addition to the District Council's efforts to hold shop stewards accountable for their electronic reporting responsibilities, in response to the concern that shop stewards were using the telephone reporting system in lieu of the electronic reporting system, the District Council has continued to track the numbers of shop stewards reporting by phone and surveyed the stewards on why they were calling in hours instead of using the online system. As was the case at the time of the District Council's December 3 letter to the Court, the majority of stewards who called to report instead of using the electronic system had either not yet been issued a device or had problems with their devices. Moreover,just as the results of the November 12 through November 27 survey demonstrated, there continues to be no increased trend of shop stewards moving to telephone reporting. Attached here, as Exhibit A, is an updated version ofthe spreadsheet of results previously submitted to the Court as Exhibit G to the Council's December 3, 2013 letter. Though the number of stewards is not increasing and has demonstrated a slight decline from the high on November 12, 2013, the District Council recognizes the necessity of moving all stewards into compliance with the electronic, rather than telephone, reporting system. Based on the results of this survey of the stewards who called in hours, the results of the phone calls made by the business representatives on the six-person electronic reporting compliance team described in the District Council's letter of December 3, 2013, and the 3

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information of business representatives staffed out of the Business Representative Center, the District Council identified ten stewards who habitually failed to report via the electronic reporting system. These stewards were called into the District Council at 7:00 a.m. on Thursday, December 12, 2013. They were informed of the need to report by letter that was sent by UPS Overnight delivery and e-mail, and via telephone contact. Attached as Exhibit B are the materials related to compliance provided to each steward, including a copy of the letter mandating their attendance. Six of the ten stewards complied and were reprimanded for their failure to report by Paul Capurso, the Lead Manager of the Business Representative Center, Joseph DiNapoli, the Manhattan Regional Lead, and Scott Danielson, the District Council Inspector General. These six stewards were informed that another failure to comply with electronic reporting would result in their being brought up on Shop Steward Review. The Inspector General's Office has referred the four stewards who did not report to the District Council as directed for Shop Steward Review. These four stewards will now go through the Review according to the procedures contemplated by Rule 12(K)of the Bylaws. At this time, 1,462 shop stewards have been trained on the use of the electronic reporting tablets. While the bulk of stewards have already attended at least one training, in order to ensure continued opportunities for those with shop steward certifications to be trained or even for those already trained to brush up on their skills, the District Council is reintroducing its standing monthly training sessions, to be held on the first Monday of each month in the facilities on the tenth floor of the District Council headquarters at 395 Hudson Street.1 As of December 6, 2013, 890 ET1 tablets were held by District Council shop stewards, and there were six tablets

Anecdotally, there are a number of shop stewards who were not familiar with computers or other electronic internet-based devices who have taken the implementation of this program very seriously and voluntarily attended the training on a number of occasions to ensure that they understood how to use the technology and live up to their electronic reporting duties. 4

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malfunctioning or in need of troubleshooting. Of these, RedEyethe District Council's ITsupport vendorwas able to fix five. The District Council business representative center is currently holding the sixth device in order to see if AT&T,the District Council's internet service provider, can address its issues remotely. The District Council had an additional 45 devices that were available to be deployed during shop steward intake on Wednesday, December 7, and Thursday, December 8, 2013. During that intake period, eight of these devices were deployed and two shop stewards who were having problems with their devices turned them in for troubleshooting and checked out a new device in their place. In an instance where a shop steward who has not yet been issued a device is deployed to a jobsite, the electronic reporting requirements remain in effect and the steward is directed to report hours worked through the portal located on the District Council homepage, via his or her smart phone, personal computer, or other internet accessible device. "Unreported Count" Statistics As the District Council described to the Court in its December 3, 2013 letter, the number listed under the "Unreported Count" category is not a reliable indicator of open jobs worked that were not reported. The "Unreported Count" category includes not only jobs for which the shop steward failed to report, but also situations in which the job was closed, was on hold, or for which the start date was incorrect, among other things. To supplement the description of the different situations that are recorded within the "Unreported Count" offered in the December 3 letter, the District Council now is able to offer the Court the following statistics. From December 5, 2013 through the present, the six-person team has been tracking its
2 resolution of each previously "unreported"job. For the purposes of this thirty-day report, the

2 From December 5, 2013 through the present, the six-person electronic reporting compliance team has used a standardized reporting form, attached here as Exhibit C. The District Council includes here both statistics as to the

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District Council reports the statistics for the period November 1, 2013 through November 30, 2013, based on the six-person team's work from December 5, 2013 through December 13, 2013. Examining the period November 1, 2013 to November 30, 2013, gives the following results:
Addressing "Unreported Count" Jobs for 11/1/2013 11/30/2013 Total Unreported Count Addressed by Six-Person Team: 1719 Failure to Report: 352 Delayed Report: 47

This means that, during this time period, of the total Unreported Count addressed by the sixperson team, only 23.21 percent((352 + 47) of 1719) represented jobs for which a shop steward did not report hours within 48 to 72 hours of the work being undertaken. This percentage includes those jobs with a new or out-of-town member, which cannot be reported through the electronic system until the contractor makes its first benefits payment and that information is processed by the Benefit Funds. Corrected for the situations where the shop steward is actually prevented from reporting within the first 72 hours, actual failures of a shop steward to report amount to 20.48 percent(352 of 1719) ofthe unreported days addressed by the six-person team. This, however, is not the percentage of noncompliance overall, as it is only a percentage of the "Unreported Count." In order to determine the percentage of noncompliance overall, one must compare the total Active Count to the total Unreported Count. Using data from December
3 2, the earliest available report, the Active Count(open jobs) was 15,589 and the Unreported

overall outcome of the six-person team phone calls as well as the outcome by day. The overall statistics by phone call demonstrate that, of the unreported jobs that need investigation, a relatively low percentage actually involve instances in which shop stewards failed to report their hours. To be more precise, less than 15% of the investigations result in the discovery of actually unreported hours. A spreadsheet detailing the outcome of the calls and other investigation done by the six-person team from December 5 through December 13, 2013 is attached as Exhibit D. The daily statistics give the best picture as to how the resolution of an "unreported"job impacts the daily "Unreported Count." For example, if a job was included within the "Unreported Count" for November 1 through November 12, and the six person team determined that the job was actually closed on October 31, it would impact the "Unreported Count" for each of the twelve days within the "unreported" date range. A spreadsheet detailing the outcome by day for the month of November is submitted as Exhibit E. 3 When the AS400 system is used to run these reports, generating a new report writes over the previously generated report, so the District Council was limited to the reports that District Council employees had independently saved on their computers.

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Count was 2,272.4 If 20.48 percent is a fair estimate of the actual failure rate, then the actual count for which a shop steward did not report worked hours is 465 (.2048 x 2272). And the percentage of overall noncompliance is 2.98%(465 + 15589). Using the 23.21 percent figure (i.e., including the delayed reports) would yield a 3.38 percent failure rate ((. 2321 x 2272)+ 15589). Members of the District Council represented to the Court at the December 4, 2013 conference that the shop stewards were in 90-95% compliance with the electronic reporting system for three +-person jobs. Conference Transcript at 16-18, 20, United States v. District Council, 90 Civ. 5722(S.D.N.Y. Dec. 4, 2013). These calculations support that testimonial estimation. Experience Since Implementation As detailed to the Court in the District Council's letter of December 3, 2013 and updated above, the District Council has redoubled efforts to provide technological and human fixes to problems that stand in the way of perfect compliance with the electronic reporting system. As the District Council reported to the Court on December 12, 2013, on December 11, 2013, the Delegate Body voted to approve the hiring of IT consultancy, Segal Co., to assist the District Council in evaluating its data operations and to make the identified improvements. The contract with Segal will be submitted to the Review Officer for approval before it is finalized. The following charts identify all active WC&C,BCA,GCA,FCA,CAGNY,and CLI three +-person jobs by date from November 1, 2013 to November 30, 2013, the time period at issue in this sixth thirty-day report, as of December 13, 2013. Attached as Exhibits F through K are the reports for all active jobs for each of these associations, respectively, as they are produced by the AS400 computer system. For the WC&C,BCA,GCA,and FCA,these Exhibits include

This number is greater than the Unreported Count addressed by the six-person team because prior to December 5, 2013, the particular outcome ofthe six-person team phone calls was not yet being recorded.

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the report on active jobs for the current and previous thirty-day report date ranges, September 21, 2013 through November 30, 2013. Because CAGNY and CLI use ofthe electronic reporting system went into effect on November 11, 2013, the reports for each of those associations begins on that date and runs through November 30, 2013.
WC&C Three+-Person Jobs Reported Count 293 284 280 287 289 292 298 296 292 287 296 303 302 305 302 299 294 311 307 318 320 330 314 311 323 330 323 303 301 301

Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 /2013 11/6 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013

Active Count 293 284 280 287 289 292 298 296 292 287 296 303 302 305 302 299 294 311 307 318 320 330 314 312 323 330 323 304 302 302

Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 1 1

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BCA Three+-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 /2013 11/7 /2013 11/8 11/9/2013 11/10/2013 11/11/2013 /2013 11/12 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 105 98 96 103 106 103 107 107 107 103 103 104 101 100 99 96 94 99 101 106 106 107 103 98 99 100 99 90 91 92 Reported Count 104 97 95 102 105 102 106 106 106 102 102 103 100 99 98 95 93 98 100 105 105 106 102 97 98 99 98 89 90 91 Unreported Count 1 1 1 1 1 1 1 1

1 1 1
1

1
1 1 1 1 1

1
1 1 1

1
1 1 1 1

1
1

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Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013

GCA Three+-Person Jobs Reported Count Active Count 35 35 34 34 35 34 34 35 36 34 34 34 33 34 34 33 33 34 35 34 35 35 34 34 35 35 34 32 32 32 34 34 33 33 34 33 33 34 35 33 33 33 32 33 33 32 32 33 34 33 34 34 33 33 33 33 32 30 30 30

Unreported Count 1 1 1 1 1 1 1

1
1 1

1 1 1 1 1
1 1

1 1
1 1 1 1 1 2 2 2 2 2 2

10

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FCA Three+-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 27 26 24 28 29 30 28 32 27 25 27 27 31 31 31 31 27 26 26 24 24 25 23 17 19 19 13 11 12 14 Reported Count 27 26 24 28 29 30 28 32 27 25 27 27 31 31 31 31 27 26 26 24 24 25 23 17 19 19 13 11 12 14 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

11

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Date 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013

CAGNY Three+-Person Jobs Reported Count Active Count 1 1 1

Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1 1
1 1 1 1 1

1 1 1
1 1

1
1 1

1
1

1 1
1 1 2 2 2 2 2

1 1 1 1
1 1 2 2 2 2 2

12

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CLI Three+-Person Jobs Date 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 21 21 21 20 20 20 20 21 21 21 21 21 21 21 21 21 21 21 21 21 Reported Count 21 21 21 20 20 20 20 21 21 21 21 21 21 21 21 21 21 21 21 21 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

As this Court is aware, pursuant to the CBAs between the District Council and each of the trade associations who were granted full mobility, one- and two-person jobs do not require a District Council Shop Steward. Rather, for one-person jobs, the contractors are charged with the responsibility of assigning an individual to identify and report new jobs and to report the hours worked by District Council members thereunder. For two-person, the collective bargaining agreement provides that the District Council designate one of the two members as the designated time keeper. The current statuses of these one- and two-person jobs for the month of November are presented in the tables below. Not all associations have contractors with either or both types ofthese smaller jobsnamely,the GCA has no two-person jobs in the time period at issue, and neither CAGNY nor CLI have any one- or two-person jobs at this time.

13

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WC&C One-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 /2013 11/13 11/14/2013 11/15/2013 /2013 11/16 /2013 11/17 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 /2013 11/23 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 70 60 56 71 75 80 80 77 58 54 73 79 80 82 81 66 60 72 71 70 69 67 57 50 60 49 42 26 25 26 Reported Count 70 60 56 71 75 80 80 77 58 54 73 79 80 82 81 66 60 72 71 70 69 67 57 50 60 49 42 26 25 26 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

14

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Date /1 11 /2013 /2/2013 11 11/3/2013 4 / 11 /2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 /16/2013 11 11/17/2013 11/18/2013 /19/2013 11 11/20/2013 11/21/2013 /22/2013 11 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013

WC&C Two-Person Jobs Reported Count Active Count 98 87 75 95 103 96 98 103 94 91 105 105 110 121 121 107 98 113 113 105 95 102 76 69 84 68 61 45 45 47 98 87 75 95 103 96 98 103 94 91 105 105 110 121 121 107 98 113 113 105 95 102 76 69 84 68 61 45 45 47

Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

15

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BCA One-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 55 49 42 54 48 52 48 58 49 41 52 53 54 50 52 48 43 50 44 46 45 42 35 31 36 35 32 27 28 27 Reported Count 55 49 42 54 48 52 48 58 49 41 52 53 54 50 52 48 43 50 44 46 45 42 35 31 36 35 32 27 28 27 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

16

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Date 11/1/2013 /2013 11/2 /2013 11/3 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 /2013 11/9 11/10/2013 11/11/2013 /2013 11/12 11/13/2013 /2013 11/14 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013

BCA Two-Person Jobs Reported Count Active Count 30 27 22 32 36 36 35 34 28 26 38 41 39 38 38 40 34 37 37 40 41 39 38 32 36 35 31 21 23 22 30 27 22 32 36 36 35 34 28 26 38 41 39 38 38 40 34 37 37 40 41 39 38 32 36 35 31 21 23 22

Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

17

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GCA One-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11/12/2013 11/13/2013 11/14/2013 /15/2013 11 11/16/2013 /17/2013 11 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 2 2 2 2 2 2 Reported Count 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1 1
2 2 2 2 2 2

18

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FCA One-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 11/7/2013 11/8/2013 11/9/2013 11/10/2013 11/11/2013 11 /12/2013 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 /18/2013 11 11 /19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 35 29 18 27 30 23 26 32 17 15 21 24 27 26 28 18 17 26 29 24 22 21 8 6 17 14 14 8 5 5 Reported Count 35 29 18 27 30 23 26 32 17 15 21 24 27 26 28 18 17 26 29 24 22 21 8 6 17 14 14 8 5 5 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

19

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FCA Two-Person Jobs Date 11/1/2013 11/2/2013 11/3/2013 11/4/2013 11/5/2013 11/6/2013 /2013 11/7 11/8/2013 11/9/2013 11/10/2013 11/11/2013 /2013 11/12 11/13/2013 11/14/2013 11/15/2013 11/16/2013 11/17/2013 11/18/2013 11/19/2013 11/20/2013 11/21/2013 11/22/2013 11/23/2013 11/24/2013 11/25/2013 11/26/2013 11/27/2013 11/28/2013 11/29/2013 11/30/2013 Active Count 8 11 8 9 10 13 14 13 10 8 11 12 9 12 9 8 6 8 8 10 8 11 9 8 9 10 11 9 9 8 Reported Count 8 11 8 9 10 13 14 13 10 8 11 12 9 12 9 8 6 8 8 10 8 11 9 8 9 10 11 9 9 8 Unreported Count 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Additional Anti-Corruption Efforts As detailed in previous thirty-day reports, the letter of December 3, 2013, and the above, the District Council continues to rely upon Operation Watch Dogwhich allows all members to use an individualized online portal to review any jobs to which they are assigned to see the number and identity of the other workers and the hours reported by the Shop Stewardas a

20

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critical anti-corruption tool. The utility of this system to fighting worksite corruption informs all of the District Council's efforts to ensure the reliability and accuracy of the electronic reporting system. The Inspector General's Office("IGO")continues its efforts to publicize Operation Watch Dog to all members, in order to maximize its efficacy. On Tuesday, December 3, 2013, the IG issued a press release on the heels of the previously mentioned message from the EST to shop stewards regarding electronic reporting, which underscored the relationship between electronic reporting and Operation Watch Dog and reminded all members of the availability of the online system to check reported crew members and reported hours on each job. The press release is attached here as Exhibit L. On Wednesday, December 4, and Thursday, December 5, the IG and other IGO staff distributed flyers and t-shirts advertising Operation Watch Dog at the Labor Technical School. On Thursday, December 12, IGO staff went to the Queens Business Representative Center and handed out the same flyers and t-shirts. They are slated to do the same at Local 926 in Brooklyn on Thursday, December 19. The IG also attended the December 11, 2013 Delegate Body meeting and distributed the flyers and t-shirts to the delegates and other members in attendance. The Fall/Winter 2013 issue of The Carpenter featured a two-page spread publicizing Operation Watch Dog, with a message from Inspector General Danielson, a full page detailing how to access the Operation Watch Dog portal, and contact information for any member to confidentially report any violations. A copy of this feature is attached here as Exhibit M. The IGO Jobsite Integrity Inspectors continue to monitor one-, two-, and three +-person WC&C,BCA, GCA,FCA,CAGNY,and CLI jobs. These Inspectors, who are all retired District Council members with long records of service, visit randomly selected jobsites to monitor employer compliance with the provisions of the applicable CBAs. The four additional inspectors 21

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who were proposed to be hired by the IG on October 22, 2013, mentioned in the previous thirtyday report, have in fact been hired and are on the job, bringing the total number of inspectors to fifteen.5 From November 1 through November 30, 2013, the Jobsite Integrity Inspectors visited 222 one-person jobsites, 178 two-person jobsites, and 18 three +-person jobsites. Over the course of those inspections, they detected 9 CBA violations. A report detailing the inspections is attached as Exhibit N. The IG has filed grievances against the offending contractor in response to each of these violations. As is its regular practice, the IGO continues to monitor the anti-corruption hotline,(855) UBC-TIPS, and e-mail address, ig@nycdcigoffice.org, where members or others may report violations of the WC&C,BCA, GCA,FCA, CAGNY,and CLI CBAs,or any other violation of District Council rules or purported instance of corruption. For example, as the Court is aware, at the December 4, 2013 status conference, a member alleged manning violations on a District Council staffed jobsite. Conference Transcript at 47, United States v. District Council, 90 Civ. 5722(S.D.N.Y. Dec. 4, 2013). This member had already made this complaint against an independent contractor that did not and does not have access to the full mobility provisions of the association CBAs to his business representative. The business representative filed a grievance on behalf of the member based upon this alleged manning ratio violation. The IGO also investigated this allegation prior to the December 4 status conference, conducting a site visit on December 3, 2013, at which point the site was in compliance with the fifty-fifty rule governing the job. On December 9, 2013, the IGO followed up with the member, who confirmed that the violation he referred to at the December 4 court conference was the same violation investigated

5 The four new hires initially brought the number of inspectors up to sixteen, but one other inspector resigned his position.

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on December 3, 2013. Investigations such as these are a routine part of the work of the IGO, which takes seriously all allegations of CBA violations. Conclusion The District Council remains committed to ensuring the success of and compliance with the electronic job reporting and all of its anti-corruption programs. Respectfully submitted, Report Compiled by the Offices of the Inspector General, Director of Operations, Representative Center, and Out of Work List of the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America 395 Hudson Street New York, NY 10014

Dated:

New York, NY December 16, 2013

CONTACT: Scott C. Danielson Inspector General and Deputy Chief Compliance Officer District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America 395 Hudson Street, 9th Floor New York, NY 10014 212-366-3361 sdanielson@nycdcigoffice.org

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