To All of the Workers at Navillus,

Yesterday, Donal O’Sullivan distributed a letter to many of you on the job sites at 1 Vanderbilt and at the Brookfield project.  In that communication, Donal made several allegations, and tied these allegations to Local 46’s upcoming Union Election.

Firstly, and most importantly, I would like to let everyone know that I do not want to see Navillus out of business!  On the contrary, I have reached out to Donal O Sullivan over the past three years in order to have him hire all Building Trades members to do the work for ACS, HDK and Times Square Construction.

During 2014, it became very apparent to all of the trades that Donal was setting up alternate shops in order to build reinforced concrete high rises.  Unfortunately, his plan left one very important aspect out. That aspect was YOU!  By paying people wages far less than you make, Donal and his cronies reaped huge profits while selling out your future.  Accordingly, the concrete trades fought back by filing an alter-ego lawsuit.

The Judge’s rulings from her 95-page opinion dated September 20, 2017 in this alter-ego lawsuit lay bare the false statements by Donal O’Sullivan and his cronies, including:

Page 46, Para 173: [The Judge concludes] “Donal O’Sullivan perjured himself in giving both his deposition testimony… and his trial testimony.”

Para 175: ACS principal “Moriarty was obviously lying.”

Page 71: “I do not find Moriarty or Donal O’Sullivan to be particularly credible witnesses.”

Page 61: The O’Sullivan brothers “back-dated documents” and “to top it off, they provided what [the Judge] concluded to be false testimony” in court.

Page 76: Non-union companies “were used as a front for Navillus on the Sugar Hill project.”

ACS principal Moriarty “fraudulently used Navillus’ status as a corporate immigration sponsor to maintain his own visa and to secure a visa for another ACS employees.”

Page 55: The Decision concludes with this clear statement: “ACS was set up as, and at all relevant time was, Navillus’ alter ego.”

The Judge awarded the Local 46 Funds damages of $20,483,000 against Navillus and the two alter-ego companies.  Five other Unions that participated as plaintiffs against Navillus, ACS and Time Square were awarded more than $76 million dollars back to their funds, as well.

It is important for you to know that after losing in court, Donal’s proposal for a settlement with the Unions was that four of the ACS projects that were non-union would be built with Union labor.  But that proposal assumed a 30 to 40 percent pay cut for our members.  The court found Donal and his cohorts guilty of stealing tens of millions of dollars off of our worker’s tables and our trust funds, yet his resolution is to give you a 40 percent pay cut!  There is no way that is an acceptable settlement offer.

Should we have lost the lawsuit, Donal would have, more than likely, steered more and more work towards ACS.  Being that we won, should we accept a 40 percent pay cut?  Is that Donal’s idea of a fair settlement?

How is it that Donal had nothing to do with ACS, yet after losing the case, he now has the ability to offer the Unions these jobs as an agent of ACS?

Your livelihoods are very important to all of the people who represent you.  In an effort to deceive you, Donal is putting out letters bashing the very people who are fighting for you the most.

When employers like Navillus refuse to comply with their contractual obligations to pay proper contributions to our benefit funds, they undermine the standards we have fought so hard to protect. Navillus has been caught red-handed, cheating our funds and now Navillus must pay what it owes!

In solidarity,


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