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Navillus Construction Executives Convicted of Embezzling from Union Benefits Funds

Department of Justice
U.S. Attorney’s Office
Eastern District of New York
Friday, October 22, 2021

Defendants Engaged in Years-Long Fraud Scheme Designed to Evade Making Required Contributions for Their Employees

Earlier today, in federal court in Brooklyn, a jury returned guilty verdicts against Donal O’Sullivan, the founder, owner and President of Navillus Tile, Inc. d/b/a/ Navillus Contracting (“Navillus”), one of New York City’s largest construction firms, Padraig Naughton, Navillus’s Financial Controller, and Helen O’Sullivan, a Payroll Administrator, on all 11 counts charging wire fraud, mail fraud, embezzlement from employee benefits funds, submission of false remittance reports to union benefits funds, and conspiracy to commit those crimes.   The verdicts followed a three-week trial before United States District Judge Pamela K. Chen.  When sentenced, each of the defendants faces up to 20 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York, announced the verdict.

“As found by the jury, the defendants deliberately devised a fraudulent scheme to avoid making required contributions to union benefits funds on behalf of Navillus’s workers, in order to deprive the workers of benefits they had earned and deserved,” stated United States Attorney Peace. “This Office and its law enforcement partners will continue to investigate and prosecute these types of blatant frauds that are harmful to workers.”

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Opinion: California must invest in workforce to meet housing goals (CA)

Construction workers are repelled by the sector’s physically demanding work and comparatively low pay

By SCOTT LITTLEHALE
PUBLISHED: April 14, 2019 at 6:10 am

Burdensome regulations and exclusionary zoning are not the only barriers to solving California’s persistent housing crisis.

Even under the rosiest of regulatory scenarios, California’s residential construction industry needs at least 200,000 new workers to produce enough new housing to improve affordability.

But it is struggling to compete for them. Industry leaders often claim it’s because “Young people don’t want to get their hands dirty;” “Parents are pushing college instead of vocational training;” or because “Schools have abandoned shop classes.”

Actually, research shows that the seeds for today’s housing construction labor shortage were planted by the homebuilding industry itself – more than three decades ago.

The last time California produced housing on a scale that state leaders say is needed to boost affordability today was the 1970s. During those years, residential and non-residential construction wage rates were equal. Builders routinely employed apprentices and made binding commitments – often through collective bargaining – to fund skilled trade apprenticeship programs.

During the 1980s, homebuilders refused to renew collective bargaining agreements and began replacing higher skilled crews with lower skilled workers. As land and regulatory costs grew, contractors relied on a strong supply of young men without a college degree and a growing pool of immigrant laborers to offset these burdens by working for less.

Construction labor productivity began to shrink alongside these shifts, but it has taken decades for annual deficits in housing supply to reach a crisis point. Today, we need to double our housing production just to tread water. To boost affordability, we need to produce even more. Either scenario demands more workers.

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Toms River contractor faces prison for failing to pay workers prevailing wage (NJ)

Michael L. Diamond, Asbury Park Press
Published 3:12 p.m. ET March 27, 2019

A Toms River construction contractor pleaded guilty Wednesday for not paying his employees prevailing wages for their work on a student housing project in Camden, the New Jersey Attorney General said.

The state recommended Albert Chwedczuk be sentenced to three years in prison. He also must pay up to $200,407 in restitution to his workers.

“This employer cheated his workers and hoarded public funds for his own enrichment,” Attorney General Gurbir S. Grewal said in a statement. “This case is a message to all employers that we will not tolerate contractors underpaying their workers and lying about it.”

Contractors working on government projects are required to pay employees prevailing wage, which includes both wages and fringe benefits based on collective bargaining agreements for a particular trade in the county where the work takes place.

Chwedczuk, 45, had been barred since 2014 from working on public contracts because of previous violations of the Prevailing Wage Act when he operated Ren Construction LLC and Real Construction LLC, authorities said.

They said he created a new business called Bella Group LLC to obtain a subcontract worth $400,000 to perform masonry work for the Cooper Camden Student Housing Project on South Broadway.

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I won’t be pushed back into nonunion construction

Barrie Smith
October October 23, 2018

To the editor:

In his latest letter to the editor, Richard Berman continues to peddle false and hateful claims about the supposed treatment of African-Americans by New York City construction unions.

As an African-American man who worked, and almost died, doing nonunion construction in this city, few things could be more insulting than having a rabidly anti-union white man beholden to nonunion construction companies claim to speak about what it means to treat me fairly.

I know full well he could not care less about me or anyone he proports to show outrage on behalf of.

It is no wonder Berman can’t find a single black advocacy group in this city to deliver his despicable message. No responsible person would. The social-justice community here is actually well past talking about how “diverse” the building trades now are. That is a given fact now.

What is actually getting talked about is how the construction unions are providing the most unprecedented opportunities for African-American men and women returning from long periods of incarceration to truly re-enter society and re-start their lives. Yes-the building trades are actually now at the forefront of the civil rights struggle in this city. People who care about that issue know it. And no one has the time or patience anymore for Berman’s nonsense.

Numerous studies have shown-contrary to Berman’s claims-that the national pay gap between white and black workers is substantially ameliorated by collective bargaining agreements. But what really matters to workers of color is how they get paid and treated when they show up for work. Nonunion minority construction workers in the city are making a whopping 45% less than their counterparts with union representation. People care about whether they can feed their families, not fake statistics. The union jobs are the ones that make that possible.

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