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

Background

The petitioners filed a petition under Section 301 of the Labor Management Relations Act seeking confirmation of an arbitration award. According to the petition, Vantagetop was bound by a Project Labor Agreement and by the Independent Building Construction Agreement. Those agreements required Vantagetop to make contributions on behalf of employees to certain benefit funds and to provide its books and records for an audit upon request. The agreements also allowed arbitration of disputes concerning employer contributions and provided for attorneys’ fees and costs incurred in collection efforts.

The petition alleged that Vantagetop failed to provide its books and records for an audit. On November 12, 2019, an arbitrator awarded the petitioners $587,303.63, plus interest at 7.5% from the award date. Vantagetop was served in this case on March 9, 2020, but did not appear. The petitioners then asked the court to treat their petition as an unopposed motion for summary judgment. The court found that the detailed, verified petition supplied the evidence needed to decide the merits.

Court’s analysis

The court explained that judicial review of an arbitration award under the Labor Management Relations Act and the Federal Arbitration Act is highly deferential. The relevant questions were whether the arbitrator acted within the scope of the arbitrator’s authority and whether the award was based on the parties’ agreement rather than on the arbitrator’s own rules of fairness. The court found that the award was made under the parties’ agreements. Vantagetop had not presented any basis under Federal Arbitration Act Section 10 to vacate the award or under Section 11 to modify it.

The court also considered attorneys’ fees and costs. It found that the Independent Building Construction Agreement allowed those awards and that fees and costs could be awarded when a party unjustifiably refuses to follow an arbitrator’s decision. The court found reasonable the petitioners’ request for $747 in attorneys’ fees for 4.5 hours of work and $70 in costs.

Disposition

Judge Alvin K. Hellerstein granted the petitioners’ motion for summary judgment. The Clerk was directed to enter judgment in favor of the petitioners confirming the arbitration award of $587,303.63, plus interest at 7.5% from November 12, 2019, through the date of judgment; awarding $747 in attorneys’ fees; awarding $70 in costs; and awarding post-judgment interest at the statutory rate. The Clerk was also directed to mark the case closed.