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BUILDING & CONSTR. TRADES DEPT. v. REICH

April 22, 1993

BUILDING AND CONSTRUCTION TRADES DEPARTMENT, AFL-CIO, et al., Plaintiffs,
v.
ROBERT B. REICH, UNITED STATES SECRETARY OF LABOR Defendant.



The opinion of the court was delivered by: GEORGE H. REVERCOMB

 On February 23, 1993, the Court granted summary judgment in favor of the defendant, upholding the decision of the Department of Labor's Wage Appeals Board "that job targeting programs, generally, and [International Brotherhood of Electrical Workers] Local 595's job targeting program, specifically, violate the Secretary's regulations at 29 C.F.R. Part 3." Building and Construction Trades Unions Job Targeting Programs, Wage App. Bd. Case No. 90-02 (June 13, 1991); see Mem. Op. of Feb. 23, 1993.

 Now plaintiffs have filed a motion for reconsideration pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, arguing that the Court made a mistake of fact and a mistake of law in its ruling, either of which justify reconsideration. This motion has been fully brief and is submitted on the papers. The Court will address each of the two alleged errors in turn.

 A. Mistake of Fact

 However, the Court will modify its February 23 Opinion to excise the factual error as follows:

 The second sentence of section I.A, Mem. Op. at 2, currently reads:

 
Job targeting programs ('JTPs'), alternatively called market recovery programs, are union initiated schemes designed to maintain and improve the unions' share of certain construction markets by subsidizing contractors who bid on government projects.

 This sentence shall be amended to read:

 
Job targeting programs ('JTPs'), alternatively called market recovery programs, are union initiated schemes designed to maintain and improve the unions' share of certain construction markets by subsidizing contractors who bid on targeted projects.

 Thus, "targeted" is substituted for "government."

 The second sentence of the third paragraph of section II.C, Mem. Op. at 12, presently reads:

 
Broadly speaking, JTPs cull wages from union employees to subsidize other employees (and contractors) working ...

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