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

Background

The New York City District Council of Carpenters and trustees for various employee benefit funds petitioned under Section 301 of the Labor Management Relations Act to confirm an arbitration award against Greenebuild LLC. Greenebuild was a member of an association whose collective bargaining agreements with the Union required covered employers to make contributions to the Funds for each hour worked by a covered union employee. The agreements also allowed the Funds to audit employers and required arbitration of contribution disputes.

An audit allegedly found that Greenebuild had failed to make $12,411.19 in required contributions for work performed from December 24, 2016, through September 28, 2018. After arbitration, the arbitrator found that Greenebuild violated the collective bargaining agreement and ordered it to pay $23,324.58, with 7.5% interest accruing thereafter.

Court’s analysis

The court explained that confirmation of an arbitration award is generally a summary proceeding that converts the award into a court judgment. Review is very limited: the court does not reconsider the arbitrator’s factual or contractual conclusions, but asks whether the arbitrator acted within the authority granted by the collective bargaining agreement and at least arguably interpreted or applied that agreement.

Because Greenebuild did not oppose the petition, the court treated the petition and supporting record as an unopposed motion for summary judgment. The court found that the undisputed facts showed that the arbitrator’s award was within the arbitrator’s authority. The court therefore confirmed the award.

Fees and judgment

The court also found that an award of attorneys’ fees and costs was justified. The collective bargaining agreement entitled the petitioners to reasonable fees and costs incurred in collecting delinquent contributions. The court noted that Greenebuild did not participate in the arbitration, did not participate in the court action, and had not paid the arbitration award. It awarded the requested $1,146 in attorneys’ fees for 6.1 hours of work and $70 in service fees, for a total of $1,216.

The court granted the petition to confirm arbitration, entered judgment in the petitioners’ favor for $23,324.58 plus 7.5% prejudgment interest from December 11, 2019, awarded the additional $1,216 in fees and costs arising from the court action, and imposed post-judgment interest at the statutory rate under 28 U.S.C. § 1961 until the judgment was paid. The Clerk of Court was directed to close the case.