Trustees Of The New York City District Council Of Carpenters Pension Fund v…

Background

The petitioners were the Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund; the Trustees of the New York City Carpenters Relief and Charity Fund; and The Carpenter Contractor Alliance of Metropolitan New York. The opinion collectively calls the funds and union the “Petitioners.”

On or about May 6, 2011, Floor Expo entered into an agreement with the United Brotherhood of Carpenters and Joiners of America. The agreement required Floor Expo to comply with applicable wages, fringe benefits, hours, and working conditions and to make benefit contributions required by applicable local agreements. A collective bargaining agreement required contributions to the funds and required Floor Expo to provide books and payroll records for audits. It also incorporated the funds’ governing agreements, rules, procedures, and collection policies.

The funds audited Floor Expo’s books and payroll records for December 25, 2021 through September 30, 2023. After Floor Expo did not pay the audit findings, the petitioners initiated arbitration. The arbitrator mailed Floor Expo notice of the hearing for March 26, 2024, and held the hearing on April 18, 2024. Floor Expo did not appear. The arbitrator found that Floor Expo had legally sufficient notice, treated it as in default, and received the petitioners’ testimony and evidence.

Arbitration Award

On May 2, 2024, the arbitrator found that Floor Expo was bound by the collective bargaining agreement and delinquent in required fringe-benefit payments. The arbitrator awarded $20,964.30, consisting of $9,110.71 in unpaid contributions; $1,462.05 in interest; $1,822.14 in liquidated damages; $74.30 in promotional-fund contributions; $1,500 in attorneys’ fees; $5,578.65 in audit costs; $400 in court costs; $16.45 in non-audit late-payment interest; and a $1,000 arbitration fee. The award also provided for interest at 10.5 percent from the date of the award.

Court’s Review

The petitioners sought confirmation under Section 301 of the Labor Management Relations Act. The court explained that review of a labor arbitration award is very limited. The court does not reconsider the arbitrator’s factual or legal conclusions; it asks whether the arbitrator acted within the authority granted by the collective bargaining agreement and whether the award drew its basis from that agreement.

Because Floor Expo did not oppose the petition, the court treated the petition and supporting record similarly to an unopposed summary-judgment motion. Even so, the petitioners still had to show that the undisputed facts entitled them to relief.

Ruling

Judge Gregory H. Woods found no indication that the award was obtained through fraud or dishonesty, that the arbitrator disregarded the collective bargaining agreement, or that the arbitrator acted outside the scope of authority. The court found that the award was based on undisputed evidence of Floor Expo’s delinquent contributions and on provisions in the parties’ agreements. The court therefore granted the petition to confirm the arbitration award.

The court also granted the request for pre-judgment interest at 10.5 percent per year from May 2, 2024 through the date of judgment and granted the request for post-judgment interest at the statutory rate from entry of judgment until full payment.

The court found that attorneys’ fees and costs were justified because Floor Expo had not complied with the award or provided a justification for its failure to do so, and because the agreements authorized recovery of fees and costs. The court approved $5,117.50 in attorneys’ fees for 17.3 hours of work and approved the requested billing rates of $410 per hour for Maura Moosnick, $310 per hour for Marlena Smith, and $155 per hour for a legal assistant.

Disposition

The conclusion states that the petition to confirm the arbitration award was GRANTED. The Clerk was directed to enter judgment for the petitioners for $20,964.30, plus pre-judgment interest at 10.50 percent per year from May 2, 2024 through the date of judgment, $5,117.50 in attorneys’ fees, and $134.40 in costs. The Clerk was also directed to close the case.