Exhibit 21-DEPOSITION OF MICHAEL NEE

Index

COPY

RECEIVED

UNITED STATES DISTRICT COURT

APR 2 0 2004 SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

DOAR RIECK & MACK

Plaintiff,

-against-

DISTRICT COUNCIL OF NEW YORK CITY AND VICINITY OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, et. al.,

Defendants.

Index No. 90 CIV 5722 (CSH)

Independent Investigator Deposition

April 9, 2004

4:15 O'clock p.m.

DEPOSITION OF MICHAEL NEE, taken by the Independent Investigator, Walter Mack, Esq., pursuant to letter subpoena, at the offices of Doar, Rieck & Mack, Esqs., 217 Broadway, 7th Floor, New York, New York 10007-2911, before Harold Rabinowitz, a Shorthand Reporter and Notary Public of the State of New York.

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1 2

2 APPEARANCE S:

3 DOAR RIECK & MACK

217 Broadway - 7th Floor

4 New York, New York 10007-2911

5 BY: WALTER MACK, ESQ.,

Independent Investigator

O'DWYER & BERNSTEIN. ESQS.

8 Attorneys for Union

52 Duane Street

9 New York, New York 10007'

10 BY: JASON FUIMAN, ESQ.

12 KOEHLER & ISAACS, ESQS.

Attorneys for the Witness

13 120 Broadway - 29th Floor

New York, New York 10271

BY: STEVEN ISAACS, ESQ.

EDWARD SCARVALONE, ESQ.

17 Assistant United States Attorney

United States Department of Justice

18 86 Chambers Street

New York, New York 10007

ALSO PRESENT:

DONALD SOBOCIENSKI

***

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1 Nee 161

2 MR. MACK: Did I give you the

3 shop steward reports for this job?

4 If not, let me do so now.

5 MR. ISAACS: For the 54th Street

6 job?

7 MR. MACK: Yes. This is Exhibit

8 MN-8.

9 (Shop steward reports, 54th and

10 Eighth, marked Exhibit MN-8 for

11 identification.

12 (Handed to witness and all

13 counsel.)

14 Q These are the shop steward

15 reports that I received from the District

16 Council for your stewardship of that job.

17 So, my first question to you is, can you

18 explain to me when you're the shop steward,

19 what is your responsibility with respect to

20 the 50/50 rule?

21 What is your understanding of

22 your responsibility with respect to the 50/50

23 rule?

24 A You see, Mr. Mack, now, there's a

25 lot of ways of looking at that. Of my work

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1 Nee 162

2 record, you don't have half of it. What I'm

3 trying to say is that it changes so much. To

4 me, there's no 50/50.

5 Q Just be patient with me and

6 explain what you mean by that.

7 A It's only on paper.

Q Why is that, Mr. Nee?

9 A Because you're working with

10 Century Maxim tomorrow, for example. As I

11 said before, you're working on a job downtown

12 you put your name on the list and you'll go

13 uptown to some other job; do you call that

14 50/50?

15 Q Don't assume that I am defending

16 go 50/50. I am trying to figure out how it

17 works on the jobsite.

18 A I'm telling you.

19 Q That's what I want you to do.

20 A As far as the 50/50 goes, the

21 same guys is working all the time. There are

22 people that are working. They are requested.

23 Your name is on the list. That's the way I

24 look at it.

25 Q So, what I would like to do is, I

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