TO: Current and Former Members of Local 28 of the Sheet Metal Workers’ International Association.


YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that a Stipulation and Order providing for a final resolution of a portion of this case – specifically, back pay claims of black and Hispanic building trades members of Local 28 found to be underemployed during the period January 1, 1984 to March 31, 1991 – has been proposed. Under the terms of the partial settlement, those individuals would receive cash or other consideration valued at $6.2 million. In addition, in order to set aside money as security for the anticipated future payment of back pay to claimants for the period after March 31, 1991, Local 28 would begin making quarterly payments into a Court-administered escrow fund of at least $0.15 per each hour worked by Local 28 members for which Local 28 receives assessments.

A Fairness Hearing will be held before the Honorable Robert L. Carter, in the United States Courthouse, 500 Pearl Street, New York, New York 10007, at 11:00 a.m., on January 7, 2008 to determine whether the proposed partial settlement should be approved as fair, reasonable and adequate and to consider the proposed plan for allocating the proceeds.

Black and Hispanic current and former building trades members of Local 28 who were found to be underemployed during the period January 1, 1984-March 31, 1991 and deemed eligible to receive back pay have been mailed a Notice of Proposed Partial Settlement of Class Action, Fairness Hearing and Right to Appear (the “Settlement Notice”), which contains a more detailed description of the partial settlement, including information about the plan of allocation of proceeds and the release of claims contained in the partial settlement, as well as information about the right to appear at the Fairness Hearing and object to the partial settlement.

If you have not received a copy of the more detailed Settlement Notice and believe you are entitled to receive it, you may request a copy by writing to Jyotin Hamid, Debevoise & Plimpton LLP, 919 Third Avenue, New York, New York 10022. You may also review a copy of the complete Stipulation and Order of Partial Settlement at Local 28's offices at 500 Greenwich Street. Please do not contact the Court or the Clerk of the Court with questions concerning the proposed partial settlement.