Letter enclosing Comptroller Order and Determination, June 2014

NYC 9/11 Public Portal Document

performed concrete repair work, chain link fence work, repair and replacement of

windows, repair and replacement of floor covers, repair and replacement of safety

surfacing, and installation of thermal insulation, during the time period of

December 2006 and November 2010;

(b) National failed to pay prevailing wages and supplements to its employees,

classified as Heat and Frost Insulators, employed on the Contracts, resulting in a

total underpayment in the amount of $353,625.58 as set forth in the attached

summary of underpayment;

(c) National owes interest to said employees at the rate of six percent per

annum in the amount of $42,435.07;

(d) National owes the further sum of $39,606.07 as a civil penalty, at ten

percent of the total underpayment with interest;

3. The Comptroller finds that the failure of National to pay prevailing wages and

supplements is a willful violation for the purposes of subdivision 3(b) of Labor Law Section 220-

b. This determination is the first willful violation by National. Pursuant to subdivision 3(b) of

Section 220-b, if National receives a second willful violation within any consecutive six year

period, then National, its successor, or any substantially owned affiliated entity of National, any

of the partners of National if National is a partnership, any officer of National who knowingly

participated in this violation and any of the shareholders who own or control at least ten per

centum of the outstanding stock of National or any successor is barred from submitting a bid on.

or being awarded, any public work contract, or subcontract, within the State, any municipal

corporation or public body for a period of five years from the date of the second determination.

4. National consents and agrees that the underpayment of wages, supplements.

interest and civil penally, in the total amount of $435,666.72 shall be paid out of chc funds

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