Settlement Executive Order 45 (9 NYCRR 3.45) Docket 99 17-2273 Appendix 1, Volume 3 pages 749-757, 758-785, 786, 795

1974-07-18; Filed

1974-07-18; Filed Order to SC & Affdvt, Filed Memo-End on back of OSC filed 7-18-7 4 It is so Ordered Lasker - certified 2017-07-26 doc 10 assisted contracts ~et by it during said appeal period. 12. Jt should be noted that under the aforesaid federal rules, an appE~al from thEl Dir("ctor •· s determination must be made within 21 days from the publicab.on of such determi.nation in the Federal Register. The Assistant Secretary must thereafter make a final detGrminaticm wi th.Ln 80 days from th€ close of the appeal period. Thus, any stay ordered by this Court will be in effect for a maximum period of 101 days from the aforesaid publication of the Director's decision. In view of the aforesaid language of the federal rules quoted in paragraph 5 hereof and the irreparable harm to ths industry "'bich ,,rill b€ occasioned by the DOL's and the City's violation of said provision, it is respectfully submitted that the within motion for a stay should be granted so s to mainta.in t.he "status quo" during the brief period in which the industry exercises the administrative remedies provided it by the aforesaid federal rules. 13. Additionally, the DOL has extended until August ,.197.4, its approval of the"N01.: York Pla.t" (the aff.irm.ati.ve action plan in effect on Cit.y contracts prior to the Ci t:y' s promulgation of its aforesaid plan on July 21, 1973). Such extended approval {a copy of which is annexed hereto as Exhibit "C"), l.n effect, makes the "New York Plan" the federally a;_Jproved minori·ty hiring pla;: for the Nev-1 York ci·ty area. It is, therefore, v/holly inconsistent for the DO.L to, on the one hand, permit the City to include its plan on all federally assisted contracts let by the City vvhile, on the othf,;r hand, approving and extending the" "New York Plan" as the federally approved minority hi:rincr plan For the New York City area, 7. 0613

1974-07-18; Filed Order to SC & Affdvt, Filed Memo-End on back of OSC filed 7-18-7 4 It is so Ordered Lasker - certified 2017-07-26 doc 10 l.t: is Stlbm1 ttced that, i.n light of this development, the granting of the stay rE'quested he:::·ein will afford all of the parties an opportunity to discuss the situation and the apparent inconsist.cncies t.h.,~rein and to hopefully reach some resolution of the entire matter through a mutually agreeable "hometown plan" or otherwise. 14. In add.it.ion to the foreC)oinq, the Court should, in deciding the within application, take cognizance of the fact that the BUA tlas com.."'lleDced an action in the Supreme Cm1rt of the ~! .... ~- Index No. 21744-1973) fo:r: a judgment. dec1ar.ing the City's aforesaid minority hirin