New York City District Council of Carpenters v. Tried N True Interiors LLC

Background

The Carpenters sought confirmation of a favorable arbitration award issued on December 13, 2019, under Section 301(a) of the Labor Management Relations Act. Tried N True did not appear or oppose the petition. In an April 8, 2020, Opinion and Order, the court entered judgment granting the petition to confirm the arbitration award.

That earlier order also held that the Carpenters were entitled to reasonable attorneys’ fees and costs under agreements between the parties. The collective bargaining agreement provided for reasonable counsel fees and court costs after confirmation of an arbitration award. Settlement agreements resolving grievances filed by the Carpenters and shop steward John Jacobson also required Tried N True to pay reasonable fees, disbursements, arbitrator fees, and court costs associated with enforcement.

Fee Application

The Carpenters had not submitted documentation supporting its requested fees and costs with the original petition. The court therefore directed it to file an application supported by time records, descriptions of work performed, billing rates, and background information about the attorneys involved. The Carpenters timely submitted the application, which was served on Tried N True. Tried N True was given an opportunity to oppose the application but filed no opposition.

The Carpenters’ counsel recorded 2.3 hours of work at $300 per hour, totaling $690. The Carpenters also submitted invoices showing $400 in filing fees and $197 in service fees, including costs from attempts to serve Tried N True and the New York Secretary of State.

Ruling

Judge Lorna G. Schofield applied the lodestar method, under which a presumptively reasonable fee is calculated using a reasonable hourly rate multiplied by a reasonable number of hours. After reviewing the time records, attorney information, and cost documentation, the court found the requested amounts reasonable.

The court granted the Carpenters’ request for $690 in attorneys’ fees and $597 in costs. The clerk was directed to close Docket No. 9. This order addressed the fee and cost application; the court had already entered judgment confirming the arbitration award in the earlier April 8 order.