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

Background

The Trustees of several New York City District Council of Carpenters funds, the Trustees of the New York City Carpenters Relief Charity Fund, and The Carpenter Contractor Alliance of Metropolitan New York sought confirmation of an arbitration award against New York City Acoustics, Inc. The petition was brought under Section 301 of the Labor Management Relations Act.

The parties’ agreements required New York City Acoustics to make certain pension, annuity, health, welfare, and other contributions. The collective bargaining agreement and the Funds’ collection policy also allowed audits and required disputes about unpaid contributions to be resolved through arbitration.

The Funds audited New York City Acoustics for the period from September 30, 2020, through December 28, 2021. The audit found $1,148 in unpaid contributions. The Funds also claimed $14,268.39 in interest on late-paid contributions. After New York City Acoustics did not pay, the Funds began arbitration proceedings.

Arbitration Award and Court Proceedings

After a May 20, 2024 hearing at which both parties were present and heard, the arbitrator issued an award on June 24, 2024. The award totaled $23,363.73 and included the $1,148 principal deficiency, interest, liquidated damages, promotional fund contributions, attorneys’ fees, audit costs, court costs, non-audit late-payment interest, and the arbitration fee. The award also provided for interest at an annual rate of 10.5% from the award date through the date of judgment.

The Funds demanded payment on June 25, 2024. New York City Acoustics did not pay or respond. The Funds filed the petition on January 10, 2025, seeking confirmation of the award, interest, attorneys’ fees, costs, and post-judgment interest. New York City Acoustics did not appear in the court action.

Court’s Analysis

The court explained that confirming an arbitration award is generally a limited review. A court ordinarily must confirm the award unless it is vacated, modified, or corrected. The court may not reconsider the merits of the arbitrator’s decision; it asks whether the arbitrator acted within the authority granted by the collective bargaining agreement and whether the award was based on that agreement.

The court found no indication that the award resulted from fraud or dishonesty or that the arbitrator acted outside the agreement or his authority. The record showed that the audit followed the agreements and that the arbitrator based the amounts awarded on the agreements and submitted evidence. The court therefore granted the Funds’ petition and confirmed the award.

The court also granted the request for post-judgment interest, which must accrue at the statutory rate from the date judgment is entered until the judgment is paid in full.

The court further found that the Funds were entitled to attorneys’ fees and costs for bringing the petition. The collective bargaining agreement and collection policy allowed recovery of reasonable fees and costs incurred in collecting delinquencies. Because New York City Acoustics had not complied with the award and had provided no justification for its failure to do so, the court found the requested $891.50 in fees and $128.10 in costs warranted and reasonable.

Disposition

The Court GRANTED the Funds’ unopposed petition to confirm the award. It entered judgment requiring New York City Acoustics to pay:

The court directed the Clerk to enter judgment and close the case.