District Council of New York City and Vicinity of the United Brotherhood of…

Background

The District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America, referred to as the Union, petitioned under Section 301 of the Labor Management Relations Act to confirm an arbitration award against Homeric Contracting Co. Inc. The parties were subject to the New York City School Construction Authority Project Labor Agreement, which required final and binding arbitration of disputes.

The dispute concerned work Homeric Contracting performed at P.S. 230Q in Queens in December 2023. The Union alleged that Homeric Contracting failed to use the Union’s Out of Work List, failed to have a carpenter shop steward onsite on December 4 and December 6, 2023, and used non-bargaining-unit employees for covered work on December 6.

Arbitrator Richard Adelman held a hearing on May 15, 2024. Homeric Contracting had notice but did not appear. On May 28, 2024, the arbitrator found that Homeric Contracting violated the agreement and ordered it to pay $440.40 to the Union and $384.88 to the New York City District Council of Carpenters Benefit Funds for the December 4 violations. For the December 6 violations, the arbitrator ordered payments of $2,202 to the Union, $440.40 to Christian Castro, and $2,309.28 to the Benefit Funds. The arbitrator also required the parties to share $1,700 in arbitration fees, making Homeric Contracting’s share $850.

The Union demanded payment on June 5, 2024, but Homeric Contracting did not pay any part of the award. Homeric Contracting also did not respond to the federal petition.

Court’s analysis

The court explained that confirmation of an arbitration award is generally evaluated like a summary-judgment motion based on the petition and supporting record, rather than granted automatically as a default judgment. Summary judgment is appropriate when there is no genuine dispute about a material fact and the moving party is entitled to judgment under the law.

The court emphasized that its review of the arbitrator’s decision was very limited. A court may not reconsider the award’s merits merely because a party alleges factual or contractual errors. The award must be confirmed if there is at least a barely colorable justification for it and the arbitrator acted within the scope of authority.

The court found that the arbitrator relied on uncontroverted evidence, applied the labor agreement, and did not exceed his authority. It therefore concluded that there was no genuine dispute of material fact and that the award should be confirmed.

Fees, costs, and interest

The court awarded the Union $1,920 in attorney’s fees. Although the recorded time and hourly rate would have produced $2,000, the Union requested only $1,920, and the court used that requested amount. The court also awarded $659.83 in court costs.

The court awarded prejudgment interest beginning June 8, 2024, one day after the payment deadline in the Union’s demand letter, at the statutory rate. The opinion discusses a common 9% rate used by courts in the circuit, but the judgment states interest at the statutory rate.

Disposition

The petition to confirm the arbitration award was granted. The Clerk was directed to enter judgment for $440.40 allocated to Christian Castro; $2,642.40 allocated to the Union; $2,694.16 allocated to the New York City District Council of Carpenters Benefit Funds; and $850 allocated to Arbitrator Richard Adelman, plus prejudgment interest at the statutory rate from June 8, 2024. The judgment also includes $1,920 in attorney’s fees and $659.83 in court costs. The Clerk was directed to close the case and all pending motions.