"5/24/2005 17:09 FAX 2125717124   ODB7fAX   UO02/003

FRANK DURKAN

BRIAN O'DWYER

GARY SILVERMAN CHRISTOPHER DOWNES' VICTOR GRECO

CODY K. McCONE

GARY P. ROTHMAN' STEVEN ARIPOTCH J. P. DELANEY

DAVID H. SCHULTZ" RAUL GARCIA ANGELIOUE NYE GWENDOLYN COYLE DONNA A_ CANFIELD ROBERT DUNNE

JASON S. FUIMAN0 STEVEN C. KASARDAM. GLADYS T. ORANGA ANDREW R, GRABOIS

O'DWYER & BERNSTIEN, LLP

ATTORNEYS AT LAW
PAUL O'DWYER WAY
62 DUANE STREET
NEW YORK, N.Y. )0007
(212) 571-7100
(5)6) 248-4224
FAX (212) 571-7)24

May 24, 2005

PAUL O'DWYER (1907-19981
OSCAR BERNSTIEN (1885-1974)

OF COUNSEL
THOMAS J. HUGHES. JR.
ANNE M. PAXTON
MICHAEL CARROLL

ALSO ADMITTED IH NJ ALSO ADMITTED IN CT ALSO ADMITTED IN DC ALSO ADMITTED IN PA 6 NJ

WRITER'S DIRECT DIAL

By Fax – 212-637-2687

Edward Scarvalone, AUSA United States Attorneys Office 86 Chambers Street

New York, New York 10007

Re:   United States v. District Council

90 Civ. 5722 (CSH)

Resilient Floor Coverers OWL Modifications

Dear Mr. Scarvalone:

Resilient Floor Coverers Local 2287 has requested the District Council to make certain modifications to the out of work list procedures for people working under their jurisdiction. This Local services the New York regional area from Suffolk County in the east, to Dutchess County in the north, in addition to the five boroughs of New York City. There are currently three (3) areas a member can ask to be referred, Long Island, NYC and Upstate. The Local requests these areas be divided by county to create 12 referral lists. Accordingly, there would be lists for Bronx, New York, Kings, Queens. Richmond, Nassau, Suffolk, Westchester, Putnam, Dutchess, Orange and Rockland counties.

The geographical list changes are being proposed to make more job opportunities more acceptable to more Floorcoverers. This request is similar to the change requested by the Dockbuilders in 2003 and approved by the Government. Many Floorcoverers living north of New York City, 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 Brooklyn, Queens or Long Island may be willing to commute to Westchester or Rockland, but not to the northern reaches of Dutchess, Putnam or Orange counties.

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.

05/24/2005 17:10 FAX 2125717124   ODB-fAX   12003/003

Edward Scarvalone, AUSA May 24, 2005

Page 2

The transition protocol would be the same as the Dockbuilders. Members on the list at the time of transition would automatically be transferred to each of the county lists in the region they are then enrolled (ie.: Nassau and Suffolk if they were on the Long Island list). They would then have 60 days to take themselves off any list they did not want to be on. When adding their names to the list, they will be asked what counties they want to be listed on.

The District Council would like to implement these changes as soon as practicable. The Government's approval for these changes will be appreciated.

Very truly yours,

Enc.

cc:   Pete Thomassen (by fax) Mike Zemski (by fax) Maurice Leary (by fax) Scott Danielson (by fax)

F/DC/OWL-Floorcoverers/Scarvalone052405