ARTICLE ____ ANTI-CORRUPTION MEASURES AND FULL MOBILITY Section 1. Introduction.

The parties to this Agreement acknowledge that certain anti-corruption measures (Anti-Corruption Measures) provided for herein, are essential for eliminating corruption on work sites, improving the competitiveness of employers, and creating greater employment opportunities for members. The parties further acknowledge and understand that with respect to the New York City and Vicinity Carpenters Labor-Management Corporation (Corporation) and the Anti-Corruption Measures, the Review Officer appointed pursuant to the terms of the Stipulation and Order entered on June 3, 2010, in the matter of United States v. District Council, et al., 90 Civ. 5722, SDNY (RMB), is vested with specific authority over any decision of the New York City and Vicinity District Council of Carpenters (District Council) regarding said Corporation and Anti-Corruption Measures. Without limitation, the parties acknowledge and understand that the required notice of the Anti-Corruption Measures and Corporation has been provided to the Review Officer and that the Review Officer has the authority to approve expenditures, contracts, appointments, and rules changes regarding decisions made by the District Council concerning said AntiCorruption Measures and Corporation; has the authority to take steps to remain fully informed about the District Councils actions; has the authority to utilize investigative powers and receive reports and referrals; and has the authority to review and report to the government and the Court on the operation of these AntiCorruption Measures and the District Councils actions pertaining to them. By entering into this Agreement, the parties hereby agree to develop and abide by all procedures necessary to effectively implement the Anti-Corruption Measures and to abide by the Rules and Penalties issued by the Corporation (see below) as described or referenced herein, so as to warrant adjustment of the 50/50 rule provided for by the May 26, 2009 Order issued by Judge Charles Haight in United States v. District Council, et al., 90 Civ. 5722, SDNY(RMB) (Judge Haight Order). Provided further, the parties acknowledge that the AntiCorruption Measures and the Rules and Penalties of the Corporation as described herein, shall only become effective upon the effective rescission or adjustment of the May 26, 2009 Orders 50/50 rule. Should the May 26, 2009 Order not be revised or adjusted with regard to the 50/50 Rule, the 2011 District Council

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collective bargaining agreement with [insert the name of the Employers Association that is executing the Agreement], shall be null and void. Article __is not subject to, and may not be modified for, any most-favored nations clause. Section 2. Definitions. The following definitions shall apply when used in Article ___ of the Agreement. a. District Council Member. A District Council Member is an Employee directly hired for a Project who is, or may be obligated to become, a member of a Local Union affiliated with the District Council. b. Non-District Council Member. A Non-District Council Member is an Employee directly hired for a Project who is not a District Council Member. c. Employee. An Employee is a person performing work covered by the Agreement on a Project, but does not include any foreperson or Shop Steward on a Project. d. Full Mobility Employer. A Full Mobility Employer is an Employer which is a member of [insert the name of the Employers Association which is executing the Agreement] or which becomes a member of [insert the name of the same Employers Association] that agrees to abide by and implement the Anti-Corruption Measures, and whose members are, therefore, allowed to utilize Full Mobility. e. Full Mobility. Full Mobility describes the practice whereby qualified persons may seek employment with a Full Mobility Employer whether or not they are on the District Council Out-ofWork List (OWL) (see below) or if they are on it, regardless of their position on the OWL; provided, however, the District Council shall dispatch a Shop Steward as the second person hired to any job where more than two Employees are working; provided further, the District Council shall not dispatch a Shop Steward to jobs where a Full Mobility Employer plans to employ and does employ no more than two Employees. A Full Mobility Employer may hire directly any or all Employee(s), necessary to staff a Project, subject to the Match. (See below). The Shop Steward on the Project shall be dispatched from the OWL, and shall match the foreman on the Project. An Employee may solicit work from an Employer for a Project and, if hired, shall be considered to have been directly hired by the Employer

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for that Project. Full Mobility shall apply on any Project requiring more than two Employees. f. Match. Match refers to the ratio of OWL referrals who must be hired to ensure that a Full Mobility Employer is employing an equal number or greater than equal number of OWL Referrals as it employs Non-District Council Member; and is the required condition on a Project when there is an equal or greater number of OWL Referrals to Non-District Council Members on a Project. The Match must be maintained at all times for the entire term of the Project. g. Project. Project shall mean a jobsite at which work covered under this Agreement is performed by an Employer. h. OWL. The OWL is the District Council Out-of-Work List, which is operated in accordance with the District Council Job Solicitation, Registration and Referral System Work Rules. (Referral Rules) i. OWL Referral. An OWL Referral is an Employee referred from the OWL. An OWL Referral may not be requested by name nor directly hired by an Employer; provided, however, that an Employer may request that an OWL Referral possess specific skills needed for a Project. j. Non-Full Mobility Employer. A Non-Full Mobility Employer is a Full Mobility Employer that has been penalized with the revocation of Full Mobility, pursuant to the Corporations Rules and Penalties. A Non-Full Mobility Employer must staff a Project pursuant to the terms of the above referenced Judge Haight Order. k. Membership Identification Card. The Membership Identification Card is the card issued by a District Council Members Local Union, which identifies a person by name and Local Union affiliation. l. Employer. An Employer shall mean a Full Mobility Employer or a Non-Full Mobility Employer. m. Scan or Scanning. Scan or Scanning the process by which representative(s) of the Inspector Generals Office (IGO) of the District Council, Shop Steward(s), Labor Management Corporation (see below) representative(s), and District Council representative(s), enter information about an Employers Employees at a particular project into a District Council-approved hand-held scanning device, in accordance with the Member Scan Shop Steward User Manual. (Steward Manual) n. The Labor Management Corporation: The parties to this Agreement have authorized the Labor Management Corporation (Corporation) to investigate and adjudicate alleged violations of Anti-Corruption
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Measures; and to adopt procedural rules for such investigations and adjudications and penalties for such violations (Rules and Penalties); and to establish and administer a joint adjustment board for each signator Employers Association (Association). Section 3. Staffing a Project Under Full Mobility A. Full Mobility Employer. A Full Mobility Employer may staff a Project by directly hiring all Employees for a Project; provided however, that for each Non-District Council Member directly hired as an Employee for a Project, the Employer shall hire an OWL Referral as an Employee for the same Project. An Employer must maintain the Match during the duration of a particular Project; its failure to do so shall be adjudicated in accordance with the Rules and Penalties. If a Full Mobility Employer does not directly hire any or all of the Employees necessary to staff a Project, the remaining position(s) shall be filled by OWL Referral(s). B. Non-Full Mobility Employer. A Non-Full Mobility Employer must staff a Project pursuant to the terms of the above-referenced Judge Haights Order. B. Shop Steward Requirement for a Project.

Each Project requiring more than two Employees shall have a Shop Steward for each shift worked who shall be an OWL Referral. An Employer who fails to obtain an OWL Referral or Shop Steward for a project shall be adjudicated in accordance with the Rules and Penalties. Section 4. Anti-Corruption Measures. The Anti-Corruption Measures shall consist of: A Scanning Program to be administered and monitored by the District Councils Inspector Generals Office (IGO);

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 A requirement that an officer(s) of an Employer certify the accuracy of each weekly payroll submitted by the Employer; The Corporations administration of the process by which the adherence by Employers to the Anti-Corruption Measures is investigated and adjudicated; and in the event an Employer violates the Anti-Corruption Measures, the Corporation shall mete out appropriate penalties. A. Employers Obligations

Each Employer must report each of its Projects to the District Council before commencing any work on such Project; provided, however, an Employer may report a particular Project up to twenty-four hours after it commences, where the Employer did not know, and could not be expected to know in advance, the specific start date or starting time of the Project in question. Each Project shall be assigned a Job Number by the District Council. An Employers failure to do so shall be adjudicated in accordance with the Corporations Rules and Penalties. (Rules and Penalties) An Employer must request from the District Council a Shop Steward for each shift requiring more than two Employees working on a Project; its failure to do so shall be adjudicated in accordance with the Procedures and Penalties. An Employer shall permit a Shop Steward, at the beginning of each shift of the Project, to scan in each Employee of an Employer on a Project; in addition, the Employer shall notify the Shop Steward if an Employee(s) reports to work after the beginning of a shift and permit the Shop Steward to scan in that Employee(s). The Employer must not deny access to its Project by IGO representative(s), (who shall have primary responsibility for monitoring an Employers compliance with the scanning procedures described herein), Corporation representative(s), and District Council representative(s), to any Project for the purpose of scanning, and for any other purpose related to their enforcement of this Agreement; provided, however, the above-referenced representatives must comply with all safety and security rules the Employer and/or the owner/developer of the Project site generally requires of visitors to the site. After scanning each Employee working on a project, the Shop Steward shall enter information into the scanner for the Project as to the expected length of the workday for each Employee; provided, however, that if any Employee leaves the
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Project prior to the end of the scheduled work day, or otherwise works more or fewer hours than provided for in the scheduled work day, the hours worked for that particular Employee shall be adjusted accordingly by the Shop Steward. The information entered into the scanner for each Project indentified by a Job Number shall be transmitted to Standard Data Corporation (SDC) at the end of each shift of a Project by the Shop Steward. This information shall be provided by SDC to the District Council, the District Council Funds, and the Corporation, on a weekly basis, or more frequently if requested. The information shall be provided to the Employer on a daily basis. Subject to the representatives compliance with the safety and security rules in place for visitors to the Project site, an Employer may not deny or hinder access of IGO representative(s), Shop Steward(s), Corporations representative(s), and/or District Council representative(s), to any Project for the purpose of scanning Employees or enforcing this Agreement; its denial or hindrance of access by these officials shall be adjudicated in accordance with the Corporations Rules and Penalties. An Employer is ultimately responsible to correct an inaccurate Shop Stewards scanning report identifying Employees working during a particular payroll week and reciting the hours they worked no latter than the end of the first day of the following payroll week. These corrections shall be immediately forwarded to the administrator of the scanning system (to the addresses provided by the District Council) electronically or by facsimile transmission. Any Shop Steward who does not satisfactorily fulfill his or her scanning duties on a Project, may be penalized pursuant to the District Council Shop Steward Review Process. Furthermore, a Shop Steward may face internal union disciplinary charges in accordance with the District Council Charge and Trial Procedures. District Council representative(s) shall be assigned by the District Council to visit a Project at least once during the Projects term. The District Council representative shall be required to scan in upon arrival with the Shop Steward at the Project. Each District Council representative shall also have a functioning, operational scanner and may scan Employee(s) at a Project. Each Project visit by a District Council representative shall be recorded on a District Council Profile Sheet, maintained for this purpose

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B.

Verification.

An Employer, through a principal or an officer, shall submit weekly to the Corporation, a Certification Form for each weekly payroll that is signed and dated by the principal or officer. (A copy of the Certification Form is attached and marked as Exhibit ___, and incorporated into this Agreement.) Copies of such certification forms shall be made available to the IGO upon its request to the Corporation. The Certification Form shall identify by name and membership identification number, where applicable, each Employee on the Employers payroll for the week in question; and, the number of hours each Employee, foreman, and Shop Steward, worked during the week in question. By signing the Certification Form, the Employer represents that the information provided is true and accurate to the best of the Employers knowledge and belief. An Employer must submit accurate weekly payroll Certification Forms; its failure to do so shall be adjudicated and penalized in accordance with the Rules and Penalties. C. Inspector Generals Office

The IGO shall have authority to investigate alleged violations of AntiCorruption Measures, to refer these alleged violations to the Corporation and to present them as grievances to the appropriate Joint Adjustment Board in accordance with the Corporations Rules and Penalties. D. Corporation

The Corporation shall establish and administer Joint Adjustment Boards (Board or Boards) for each Signatory Employer Association (Association) composed of persons appointed by the Association, District Council, and General President of the United Brotherhood of Carpenters and Joiners of America; it may be chaired by an impartial arbitrator with the authority to break deadlocks between Board members. The Board shall process and adjudicate all alleged violations of Anti-Corruption Measures in accordance with the Corporations Rules and Penalties. The Rules and Penalties, and Exhibits thereto, are hereby incorporated by reference into this Agreement; the parties also agree that the Corporation may amend the Rules and Penalties in the future, and that the amended Rules and Penalties will be binding on each party.

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The Corporation shall also employ persons who shall investigate, and bring before the Board, grievances charging entities that it has a reasonable basis to believe engaged in violations of Anti-Corruption Measures. 1. Joint Adjustment Boards Each Board shall process, adjudicate, and penalize, if required, alleged violations of the Anti-Corruption Measures. Any dispute, alleged violation of or question concerning the application or interpretation of the Anti-Corruption Measures under Article ____ of the Agreement shall be determined by a Board in accordance with the Rules and Penalties. All other alleged violations or disputes under the Agreement shall be processed under the Agreements Grievance Procedure. See, Article ___, of the Agreement. The Board shall also adopt rules that govern its investigations of alleged violations of the Anti-Corruption Measures; its adjudication of such violations; its imposition of penalties for confirmed violations; and its enforcement of penalties imposed.

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