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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