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

Background

The District Council brought a petition to confirm and enforce an arbitration award under the parties’ New York City School Construction Authority Project Labor Agreement. The agreement required final and binding arbitration of disputes and provided that the employer and union would split arbitration fees.

The dispute concerned Triangle’s work installing a sidewalk shed at P.S. 241X. The arbitrator found that Triangle violated the agreement by failing to notify the District Council that the job had started and by performing covered work for seven days without a shop steward. Triangle did not attend the May 15, 2024 arbitration hearing, did not pay the amounts awarded, and did not respond to the court petition or the summary-judgment motion. A certificate of default was entered, but the court treated the unanswered petition as an unopposed motion for summary judgment and still reviewed whether the District Council was legally entitled to judgment.

On May 28, 2024, the arbitrator ordered Triangle to pay $3,082.80 to the District Council and contribute $2,694.16 to the New York City District Council of Carpenters Benefit Funds. The arbitrator also required the parties to split a $1,700 fee, leaving Triangle responsible for $850.

Court’s Analysis

The court explained that judicial review of an arbitration award is very limited. It confirmed an award when the arbitrator acted within the agreement’s authority and there was at least a minimally reasonable basis for the result, absent grounds such as fraud, bias, misconduct, exceeding the arbitrator’s powers, or a decision contrary to law.

The court found that the arbitrator acted within the authority granted by the project labor agreement. It found no indication that the award was arbitrary, exceeded the arbitrator’s jurisdiction, violated the law, or was obtained through fraud or misconduct. The court therefore confirmed the award.

The court also found that Triangle’s unpaid $850 share of the arbitrator’s fee could be included in the judgment because the agreement required an equal division of fees, the award specified the amount, Triangle had not paid its share, and the District Council requested payment.

The court awarded attorney’s fees because Triangle refused to comply with the award without challenging it and failed to participate in the court proceeding. It approved $2,490 for 8.3 hours of work at $300 per hour and awarded $822.50 in costs, consisting of a $405 filing fee and $417.50 in service fees.

The court further approved prejudgment interest under New York law at 9% per year from the date of the arbitration award until entry of final judgment.

Disposition

Judge Edgardo Ramos granted the District Council’s unopposed motion for summary judgment and granted the petition to confirm the arbitration award. The clerk was directed to enter judgment in favor of the District Council in the amount of $9,939.46, consisting of the $5,776.96 awarded by the arbitrator, the $850 arbitrator fee, $2,490 in attorney’s fees, and $822.50 in costs, plus 9% prejudgment interest on the award from May 28, 2024, until final judgment. The clerk was also directed to close the case.