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

Background

The petitioners sought confirmation of an arbitration award under Section 301 of the Labor Management Relations Act. The opinion states that the petition was filed on January 7, 2025, and that Capry Group was served on January 21, 2025. The court ordered Capry Group to respond by March 4, 2025, but Capry Group neither responded nor sought relief from the award.

The arbitration concerned the New York City Agency Renovation & Rehabilitation Project Labor Agreement and Prevailing Wage Building Construction Agreement. The arbitrator determined that Capry Group was bound by the agreement and was required to contribute to the petitioners’ trust funds. An audit found missing contributions for the period from April 20, 2023, through April 14, 2024. After notice of the delinquencies, Capry Group did not pay the required contributions. The arbitrator calculated damages under the petitioners’ collection policy.

Court’s Analysis

The court explained that confirmation of an arbitration award is normally a summary proceeding that turns the award into a court judgment. Even when a petition is unopposed, however, the court must examine the petitioner’s submissions rather than automatically grant relief. The court treated the petition as similar to a motion for summary judgment and required the petitioners to show that no genuine dispute of material fact prevented judgment.

The court found that the petitioners met that burden. It concluded that the arbitrator’s decision had more than the minimal justification required for confirmation and that there was no basis under Section 10(a) of the Federal Arbitration Act to vacate the award. The court therefore granted the petition and confirmed the entire award.

The court also awarded post-award prejudgment interest at 10.25 percent, based on the collection policy’s provision for interest at the prime lending rate of JPMorgan Chase Bank plus 200 basis points. It awarded the petitioners’ requested attorneys’ fees and costs because Capry Group had not appeared or provided a justification for failing to pay the contributions. Finally, it awarded post-judgment interest at the statutory rate under 28 U.S.C. § 1961(a).

Disposition

Judge Jeannette A. Vargas ordered the Clerk to enter judgment for the petitioners and against Capry Group as follows:

- The arbitration award was confirmed in all respects. - The petitioners were awarded $16,342.81 under the award. - The petitioners were awarded $1,023.39 in post-award prejudgment interest. - The petitioners were awarded $1,798 in attorneys’ fees and $146.75 in costs. - The petitioners were awarded post-judgment interest at the statutory rate.

The court directed the Clerk to close the case.