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

Background

The petitioners were trustees of employee-benefit funds and a charitable organization, along with the Carpenter Contractor Alliance of Metropolitan New York. AMCC Industries Inc. assented to a Project Labor Agreement that incorporated a collective bargaining agreement and a policy governing employer contributions. Those agreements required AMCC to contribute money to the funds, provide books and payroll records for auditing, and arbitrate disputes.

The petitioners audited AMCC’s records for the period from October 7, 2019, through March 27, 2022. They alleged that AMCC did not pay amounts assessed after the audit, the audit cost, or related legal fees. After arbitration, the arbitrator issued a December 27, 2022 award totaling $7,973.80. The award included a principal deficiency, interest, liquidated damages, promotional fund contributions, non-audit interest, court costs, attorney fees, the arbitrator’s fee, and audit costs. The arbitrator also ordered interest at 6.75% annually from December 27, 2022. The opinion states that AMCC attended the arbitration and agreed with the auditor’s findings and the amounts owed.

Court’s Review

The petitioners served AMCC with the petition on December 29, 2023. AMCC did not appear or respond. The petitioners asked the court to treat the unanswered petition as an unopposed motion for summary judgment. The court explained that summary judgment is appropriate when there is no genuine dispute about a material fact and the requesting party is entitled to judgment as a matter of law.

For an arbitration award, the court’s review is limited. The court does not replace the arbitrator’s interpretation of the facts or contract with its own. Instead, it asks whether the arbitrator acted within the authority granted by the collective bargaining agreement and whether the award has at least a minimally supportable justification.

Rulings

The court found that the arbitrator acted within the authority granted by the collective bargaining agreement, considered the agreement and auditor’s testimony, and provided more than the required minimally supportable justification. Because AMCC offered no basis to challenge the award, the court granted the petition to confirm the arbitration award.

The court also awarded the petitioners $2,346 in attorney fees and costs for the federal court action. It found those amounts reasonable and relied on the agreements’ provisions allowing recovery of attorney fees and costs when the funds enforce delinquent contributions or an arbitration award. The court granted pre-judgment interest at 6.75% annually from December 27, 2022, through the date of judgment. It also awarded post-judgment interest at the statutory rate from entry of judgment until AMCC pays the full award. The court requested that the Clerk enter judgment and close the case.