Trustees of the New York City District Council of Carpenters Pension Fund v…

Background

The petitioners were trustees of several labor-management funds and the Carpenter Contractor Alliance of Metropolitan New York. They sought to confirm, or turn into a court judgment, an arbitration award against New York City Acoustics, Inc. under Section 301 of the Labor Management Relations Act.

New York City Acoustics was bound by a collective bargaining agreement and related contribution-collection policies. Those agreements required covered employers to make contributions for covered employees’ work and allowed audits of employer records. The Funds’ audit for December 28, 2022 through December 26, 2023 calculated that New York City Acoustics had failed to pay $42,198.49 in contributions.

The Funds initiated arbitration before Steven Kasarda after the company did not pay the audited amount. The arbitration occurred on February 19, 2025, after notice was mailed to the company. New York City Acoustics did not appear. On March 18, 2025, the arbitrator awarded $64,512.63, consisting of principal, interest, liquidated damages, promotional fund fees, non-audit late-payment interest, court costs, attorneys’ fees, audit costs, and the arbitrator’s fee. The arbitrator also provided for 9.5% annual interest from the date of the award. The company did not pay any part of the award.

Court Proceedings and Standard

The Funds filed the petition on July 31, 2025, and moved for summary judgment on August 20, 2025. New York City Acoustics was properly served but did not appear, file papers, or oppose the petition or motion.

The court explained that review of a labor arbitration award is very limited. The court does not reconsider the arbitrator’s decision on the merits. Instead, it asks whether the arbitrator acted within the authority granted by the collective bargaining agreement and whether the award was based on, or drew its essence from, that agreement. An unopposed petition must still be supported by evidence showing that the petitioner is entitled to judgment as a matter of law.

Ruling

Judge Gregory H. Woods granted the Funds’ motion and confirmed the arbitration award. The court found no indication of fraud or dishonesty and concluded that the arbitrator relied on undisputed evidence of the unpaid contributions and on relevant provisions of the agreements. The court therefore confirmed the award, including 9.5% prejudgment interest from March 18, 2025 through the date of judgment.

The court also granted the request for post-judgment interest. That interest must accrue at the statutory rate from the date judgment is entered until New York City Acoustics pays in full.

The court further granted the Funds’ request for attorneys’ fees and costs. It found that the agreements authorized recovery and that the company had neither complied with the award nor provided a justification for failing to do so. The court awarded $4,300.80 in attorneys’ fees and $135.20 in costs.

Disposition

The petition to confirm the arbitration award was GRANTED. The clerk was directed to enter judgment for $64,512.63, plus 9.5% prejudgment interest from March 18, 2025 through the date of judgment, $4,436.00 in attorneys’ fees and costs, and statutory post-judgment interest from entry of judgment until payment in full.