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

Background

A collective bargaining agreement between the New York City District Council of Carpenters and Budd Woodwork Incorporated required Budd Woodwork to make contributions to several funds based on covered work. The agreement incorporated the funds’ collection policy.

An April 2023 audit found that Budd Woodwork had not paid the full required contributions for the period from April 1, 2021, through December 28, 2022. The funds then began arbitration under the agreement and collection policy. Budd Woodwork did not appear at the October 25, 2023 arbitration hearing. On November 15, 2023, Arbitrator Jeffrey G. Stein found Budd Woodwork in default and awarded the funds $190,591.31, with interest accruing at 10.25% annually from the date of the award.

The funds filed a petition under Section 301 of the Labor Management Relations Act asking the court to confirm the award. Budd Woodwork did not oppose the petition or otherwise appear in the case.

Court’s Analysis

The court explained that an unanswered petition to confirm an arbitration award is generally treated as an unopposed motion for summary judgment. Even when the motion is unopposed, the court must determine whether the undisputed facts establish that the petitioner is entitled to judgment as a matter of law.

The court applied the highly deferential standard used to review arbitration awards. It found that Arbitrator Stein acted within the authority granted by the collective bargaining agreement and collection policy. The audit supported the amount of the unpaid balance, and the record included unchallenged evidence that Budd Woodwork had not paid or offered a settlement after the audit. The agreement and collection policy authorized the categories of relief included in the award. The court also noted that the funds had timely filed the petition and that the award had not been vacated, modified, or corrected.

The funds separately requested $1,156 in attorneys’ fees and $123 in costs for the court proceeding. The court found that fees and costs were authorized by the agreement and collection policy and were appropriate because Budd Woodwork had neither followed the arbitrator’s decision nor responded to the confirmation petition. The court reduced the requested hourly rates from $410 to $400 for the partner and from $310 to $300 for the associate, while finding that 3.6 hours of work was reasonable.

Disposition

The court concluded that there was no genuine dispute of material fact and that the funds were entitled to judgment confirming the arbitration award. Judge John P. Cronan granted the petition to confirm the arbitration award and directed the Clerk of Court to enter judgment for the funds and against Budd Woodwork Incorporated for $190,591.31, plus interest at 10.25% annually from November 15, 2023, through the date of judgment.

The court also directed entry of judgment for $1,120 in attorneys’ fees and $123 in costs. Post-judgment interest was to accrue at the statutory rate under 28 U.S.C. § 1961 until payment in full, and the Clerk was directed to close the case.