Subcontractor accused of underpaying union workers during job at Staten Island's New York Container Terminal

By Eddie DAnna

STATEN ISLAND, N.Y. -- The subcontractor providing asbestos abatement services on a project to demolish buildings at New York Container Terminal in Mariners Harbor is accused of swindling union workers out of approximately $120,000 in benefits.

Richard Efferen, 53, a Bronx resident and the owner and operator of Atlas Engineering & Maintenance Co., was arrested this afternoon, after an investigation revealed he falsified payroll records and failed to pay the legally-required prevailing wages for 25 union workers, authorities say.

From January to July 2009, Efferen reported he was paying the wage to the workers.
While he did pay them their hourly rate, he pocketed approximately $120,000 that was supposed to be sent to the Mason Tenders District Council for benefits, authorities allege.

The prevalent wage consists of two components -- the hourly salary, which his paid directly to workers, and the component for fringe benefits to be remitted to the Mason Tenders.

The investigation was conducted by the Port Authority Inspector General, in conjunction with the office of District Attorney Daniel Donovan.

Efferen has been charged with second-degree grand larceny, and six counts of making a punishable false written statement.

He is expected to be arraigned in Stapleton Criminal Court this afternoon.