PAUL O'DWYER (1907-1998) OSCAR BERNSTIEN (1885-1974)
FRANK DURKAN BRIAN O'DWYER GARY SILVERMAN CHRISTOPHER DOWNES' VICTOR GRECO CODY K. MCCONE
THOMAS J. HUGHES, JR.
GARY P. ROTHMANSTEVEN ARIPOTCH J. P. DELANEY
DAVID H. SCHULTZ" MICHAEL CARROLL•• KATHLEEN M. KILDUFF••
JANINE L. HOBERT RAUL GARCIA
JASON S. FUIMAN°
STEVEN C. KASARDM
O'DWYER BERNSTIEN, LLP
ATTORNEYS AT LAW
PAUL O'DWYER WAY
52 DUANE STREET
NEW YORK, N.Y. 10007
(212) 571-7100
(516) 248-4224
FAX (212) 571-7124
August 13, 2003
OF COUNSEL:
ANNE M. PAXTON
• ALSO ADMITTED IN NJ ALSO ADMITTED IN CT ADMITTED ONLY IN PA & NJ J.D. NOT ADMITTED
By Fax – 212-637-2687
Edward Scarvalone, AUSA United States Attorneys Office 33 Whitehall Street – 8th Floor New York, New York
Re: United States v. District Council 90 Civ. 5722 (CSH)
Dockbuilder OWL Modifications
Dear Mr. Scarvalone:
Dockbuilders Local 1456 has requested the District Council to make certain modifications to the out of work list procedures for people working under their jurisdiction. In short, the first change is a division of the existing Long Island and New Jersey job lists to create separate Nassau and Suffolk County and North and South Jersey lists. The second change is a listing of certain "Foreman" skill categories. A copy of a draft letter of explanation which would be mailed to Dockbuilders provides more details and is sent herewith.
The geographical list changes are being proposed to make more job opportunities more acceptable to more Dockbuilders. Many Dockbuilders living in Northern New Jersey, for example, are willing to commute to Nassau County, but do not want to be required to accept a job and travel to Suffolk. Similarly, members living in New York may be willing to commute to Northern New Jersey, but not to the southern end of that State. You will recall that a member is not allowed to refuse a work referral from a list they have put themselves on. These changes will make the list work better for the members. Sent herewith is a copy of the geographical lists currently in use by the various Local Unions of the District Council.
There is currently no Foreman skill available for Dockbuilders to use on the list. I am advised that employers generally hire and appoint their own foremen in this relatively (compared to
Edward Scarvalone, AUSA August 13, 2003
Page 2
outside carpenters) stable workforce. There are occasions, however, that companies request a dispatch of a foreman and in organizing unsigned contractors, Dockbuilder organizers represent that the Union can supply qualified, experienced foreman, so there is a need to enable members to declare their foreman qualification at the out of work list. The Dockbuilders advise that the specification of six (6) Foreman skills is appropriate due to the particular hazards and skills associated with these tasks. These are not "skills" that are taught in the District Council's Labor Technical College, so the District Council cannot refer to our prior communications about listing a skill after it has been offered at the school.
The District Council would like to implement these changes in September. The Government's approval these changes will be appreciated.
Very truly yours,
O'DWYER& BERNSTIEN, LLP
GARY ROTHMAN
Enc.
cc: Pete Thomassen (by fax) Maurice Leary (by fax)
H:/DC/OWL-Dockbuilders/Scarvalone081303
NYC DISTRICT COUNCIL LETTERHEAD TO ALL MEMEBRS OF DOCKBUILDERS LOCAL 1456 Dear Brothers:
As a result the requests and suggestions of the membership and the Union's leadership, the District Council Executive Committee has approved important changes to our out-of- work list procedures which will make the list more responsive to your needs and enhance work opportunities for all Dockbuilders.
First, the far reaches of our jurisdictional territory will be divided so that you will have a greater choice in deciding where you are willing to accept work assignments. The out of work list for Long Island will be divided into separate lists for Nassau and Suffolk counties, so members living far from Suffolk will still be able to take advantage of work opportunities in Nassau. The out of work list for New Jersey will be divided into separate lists for North Jersey (Sussex, Bergen, Warren, Morris, Passaic, Hudson, Essex and Union Counties) and South Jersey (Hunterdon, Somerset, Middlesex, Monmouth, and Mercer Counties), so members living far from one end of the State will still be able to take advantage of work opportunities in the other. Of course, you will still be able to put your name on any or all of the Dockbuilder lists, which also include the New York City and Westchester-Rockland lists.
Second, new Foreman skill categories will be added. The categories will be:
Foreman – Formwork Foreman – Rigging
Foreman – Drill Rig
Foreman – Sheet Driving Foreman – Pile Driving Foreman – Bull Gang
If you have been previously employed by a signatory contractor in any of these categories, you can list that skill in your out of work list portfolio. To ensure that we will only dispatch experienced workers, you should not list yourself as a Foreman in any skill category in which you have
not been actually employed. The District Council reserves the right to require verification of prior experience in appropriate circumstances.
These changes are subject to the Government's review and approval, but we hope to institute these changes in September 2003. In the meantime, you can be prepared by calling the Out of Work List office at 1-800-8588683 or 212-366-3330 to add the appropriate Foreman skill(s) to your portfolio.
Fraternally