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

Background

The petitioners were the Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund; the Trustees of the New York City Carpenters Relief and Charity Fund; the Carpenter Contractor Alliance of Metropolitan New York; and New York City District Council of Carpenters. They petitioned under Section 301 of the Labor Management Relations Act to confirm an arbitration award against Building Maintenance Corp.

On September 28, 2019, an arbitrator found that Building Maintenance Corp. had violated the Union’s Independent Building Construction Agreement by failing to permit an audit of its books and records. The arbitrator ordered the company to produce all books and records for the audit period beginning July 11, 2013, through the date of the award. The arbitrator also ordered payment of $2,400, consisting of $400 in court costs, $1,500 in attorneys’ fees, and $500 in arbitrator’s fees.

The petition was served on Building Maintenance Corp. on February 28, 2020. Its opposition was due March 20, 2020, but the company did not respond.

Court’s Analysis

The court explained that an uncontested petition to confirm an arbitration award is treated like a motion for summary judgment based on the petitioner’s submissions. The petitioner still must show that no material factual dispute remains, even if the opposing party submits no evidence. The court also stated that the burden for confirming an arbitration award is not onerous and that an award should be confirmed when a basis for the arbitrator’s decision can be inferred from the facts.

The court concluded that it had federal-question jurisdiction and jurisdiction under the Labor Management Relations Act, that venue was proper, and that personal jurisdiction was properly alleged against Building Maintenance Corp. Based on the submitted materials and applicable law, the court found no material factual dispute and determined that the petitioners were entitled to confirmation of the award. The court also found that the petitioners were entitled to attorneys’ fees for collection efforts and post-judgment interest at the statutory rate. The submitted evidence showed $379 in attorneys’ fees and $70 in service fees related to the matter.

Disposition

Judge Lewis J. Liman granted the petition, confirmed the underlying arbitration award, and entered judgment for the petitioners against Building Maintenance Corp. The judgment ordered Building Maintenance Corp. to: