Trustees of the New York City District Council of Carpenters Pension v. Timbers

Background

The petitioners were two benefit funds, a charity fund, a labor-management corporation, and a carpenters’ union. The Employee Retirement Income Security Act funds were organized and operated under that federal benefits law. W.W. Timbers had entered into an agreement with the United Brotherhood of Carpenters and Joiners of America that bound it to a collective bargaining agreement. That agreement required W.W. Timbers to make benefit contributions for covered work, provide records for audits, and arbitrate disputes about payments to the funds.

An audit covering October 1, 2003, through June 30, 2008, found that W.W. Timbers had not made all required contributions. The funds brought the dispute before Roger E. Maher, the designated arbitrator. W.W. Timbers participated by telephone in the February 7, 2019 hearing. On February 11, 2019, the arbitrator found that W.W. Timbers had violated the collective bargaining agreement and issued an award for unpaid contributions and related amounts. The opinion’s factual discussion states the award was $14,258.28, while the listed components and the judgment entered in the conclusion use $14,458.28.

The petitioners filed the court petition on July 1, 2019, and served W.W. Timbers on July 11, 2019. W.W. Timbers did not answer within 21 days, so the petition was treated as unopposed.

Legal standard

The court explained that confirming an arbitration award is generally a streamlined process that turns the award into a court judgment. Judicial review is very limited. The court ordinarily must confirm the award unless a recognized basis exists to vacate, modify, or correct it. Because W.W. Timbers did not answer, the court treated the petition as an unopposed motion for summary judgment. Even then, the court had to review the record and determine whether the petitioners were legally entitled to judgment.

Ruling on confirmation

The court found that the arbitrator acted within the authority granted by the collective bargaining agreement. The agreement allowed either party to request arbitration, identified permissible arbitrators, and gave the arbitrator authority to decide the submitted issues and create an appropriate remedy. The arbitrator relied on the agreement, the auditor’s report, and testimony from the auditor and W.W. Timbers’ representative. The court found more than a minimally sufficient basis for the award, determined that no material factual dispute existed, and confirmed all portions of the arbitration award.

Attorney’s fees, costs, and interest

The court found attorney’s fees and costs appropriate because W.W. Timbers had not complied with the arbitration award and had not participated in the court case. It approved $797.50 in attorney’s fees for 2.9 hours of work and $75 in costs. The court also granted post-judgment interest under 28 U.S.C. § 1961(a).

Disposition

The court granted the petitioners’ motion. It directed the Clerk to enter judgment in favor of the petitioners for $14,458.28 under the arbitration award, plus interest at 7.5% annually from February 11, 2019, until the date judgment was entered. It also directed the Clerk to add $797.50 in attorney’s fees and $75 in costs. The judgment would accrue post-judgment interest as required by federal law, and the case was closed.