Affidavits support FCRC in Atlantic Yards modular case

8/11/2019 Affidavits support FCRC in Atlantic Yards modular case

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SUPREME

COURT

OF

THE STATE

OF

NEW YORK

COUNTY

OF NEW YORK

FCRC

MODULAR, LLC,

Plaintiff,

-against-

SKANSKA

MODULAR LLC

and

RICHARD

A.

KENNEDY,

Defendants.

Index No. 652721/2014

Affidavit

in Support of Motion

for

Preliminary

Injunction

-x

STATE

OF NEW

YORK )

:

ss.:

COUNTY OF NEW YORK)

I,

Gary LaBarbera, being

duly sworn, depose

and say:

1 am

President

of the Building and Construction Trades Council of Greater

New

York and Vicinity, ( BCTC ), which is an umbrella organization consisting of local

affiliates of 15

national

and

international

unions in the

construction

industry

representing

100,000 working men

and

women in New York City. I respectfully

submit

this affidavit on

behalf

of the

Modular

Division

Affiliates

of the BCTC,

and in

support of

FCRC

Modular, LLC's

( FCRC

Modular )

application for

a

preliminary injunction

against defendants Skanska

Modular

LLC and

Richard

A. Kennedy.

I understand

the purpose of the

preliminary

injunction

motion

is

to have the FC+Skanska

Modular,

LLC

plant

(the plant )

reopened

and get its workers

back

to

work.

My organization supports this objective. I submit this affidavit based on my personal

knowledge of the facts,

except

where

indicated and

where

based

on

information

and

belief,

I

base my testimony on

a

review of documents including the pleadings in this

mid

other matters

between the parties.

ILED: NEW YORK COUNTY CLERK 09/10/2014 04:40 PM INDEX NO. 652721/

SCEF DOC. NO. 29 RECEIVED NYSCEF: 09/10/


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2. The

Modular Division

of the BCTC is an informal coalition of BCTC

affiliates

that

have been recognized as the collective bargaining representatives of the hourly

employees employed

in FC

+

Skanska's

modular construction plant.

Those

affiliates are referred

to

herein

as the

Modular

Division

Affiliates.

The hourly employees

in

tih plant are commonly

referred to as trade associates based on their affiliation with the construction trades unions.

3.

The

approximately 157 trade associates employed by FC

+

Skanska

Modular

worked pursuant to a

collective bargaining agreement

with

the Modular Division

Affiliates

up

until August 27

th

,

2014.

The

trade associates were constructing

modules that were

to

be

assembled into

a

high-rise modular building known

as B2 BKLYN.

B2

BKLYN

is the first

residential

building being

erected

in the

Pacific Park,

(a.k.a.

Atlantic

Yards)

Brooklyn

development

project, where a substantial number

of market-rate and affordable housing units are

to be constructed.

4. The trade

associates

were recruited by FC

+

Skanska from the ranks of the

Modular Division Affiliates and their respective referral

services,

as well as local employment

centers

serving

the local community. The

modular plant offered employment opportunities

that

were

unique in

the construction

industry as

a new

methodology

for

high

rise construction,

and

new

work opportunities

for local

residents.

5.

On August 27

th

, approximately 150 trade associates were abruptly

furloughed by FC

+

Skanska, without advance notice and without bargaining with the unions

that represent those employees. On the date the furlough was implemented, the employees

also

got

notice

that their furlough

might be

converted

to a

permanent or temporary

lay-off and that

they

would lose

their

health

insurance

by

the end of

September.

No

WARN Act notices were

provided in advance of the furlough. No opportunity for workers to find new employment or


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new training opportunities were afforded the trade associates. The furlough has

been

challenged

by the Modular Division

Affiliates through

both a

contractual

grievance

under the

collective

bargaining

agreement,

as

well as before

that

National Labor Relations Board

for

a

failure

and

refusal to

bargain

with

the

unions.

6. Upon information and belief, the furlough was caused by

a

stop work

order issued by

Skanska

USA

Building

to FC

+

Skanska

based on a

commercial dispute

between the

corporate

partners in a

joint

venture

and

Skanska

USA

Building

and

Skanska

Modular

LLC.

7. The work stoppage at the plant and the

prospect

that

the

plant

will

lose its

trained

employees, will delay the

completion

of B2 BKLYN, which deprives Brooklyn of

181

affordable

units that it

urgently

needs.

8. B2 BKLYN should be a prime example of a project built

via

the City's

50/30/20

Mixed-Income Program.

The

BCTC generally supports the affordable

housing

initiative

that has been undertaken in

the City

and

the BCTC has

partnered

with

community

groups and developers

to find ways to

deliver

quality

affordable

housing

while creating good

union jobs

that

can

support

the

local

residents and the economy.

9.

Modular

construction is one model undertaken in this unique affordable

housing

initiative

that supports

good union

jobs

for local

residents in

both

the

plant

and

the

construction site.

10. Upon

information

and belief Skanska Modular

LLC, as

the managing

partner

in the joint venture that is FC + Skanska,

has taken steps

to wind down the modular

plant, has removed some equipment, has made efforts

to

button

up the

plant, and has indicated

in notices

to

employees, the press and in court documents that in the

absence

of

a

resolution of


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the commercial dispute, it will close the plant. Essentially, Skanska Modular and Skanska USA

Building threaten to abandon this model,

as

well as

the trade associates

and the

community.

11. By

contrast,

the

continued operation

of the

plant and

the

completion of B2

BKLYN

via

modular construction could be a

prime

example of

a

development project that

improves

the

City's economy

by

(1)

providing much needed jobs

to

Brooklyn residents, and

(2)

increasing the number of

affordable

apartments in the midst of

a

housing crisis that has rattled

the Brooklyn

residential

market.

12. More broadly, all construction workers at Pacific Park Brooklyn are union

employees. The project has already

created

many hundreds of union construction jobs and will

create thousands more through its completion.

13. The BCTC is committed to the completion of Pacific Park Brooklyn and

the benefits to the community that are intended to result from the completion of the whole

project,

including the creation

of new

jobs and the increase in

available

affordable housing. The

plant

and the more than

150

skilled

union employees who work there is the key to the success of

this model.

14. For

these

reasons,

we ask

the Court

to

grant

FCRC

Modular's motion.

Sworn to

before

me this

I

day

of

September,

2014

Notary

Public

IINOA CAMACHO

NOTARY PUBLIC STATE OF

NEW

08

No. 01CA6224239

Qualified

In Putnam

County

Gary

LaBarbera


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Documents

Affidavits support FCRC in Atlantic Yards modular case