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

Background

The petitioners were the trustees of several funds, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. They sought confirmation of an arbitration award against Ocean Marine Development Corp. under Section 301 of the Labor Management Relations Act and collective bargaining agreements between the General Contractors Association of New York and the Union.

The agreements required Ocean Marine to make contributions to the funds for covered work and to provide books and records for audits. The petitioners alleged that Ocean Marine failed to provide its records for a requested audit and failed to remit required contributions for the period from November 1, 2010, through December 18, 2019.

The petitioners began arbitration on August 27, 2019. Ocean Marine did not appear at the December 16, 2019 hearing. The arbitrator considered the petitioners’ testimony and evidence, found Ocean Marine in default, and issued an award dated December 18, 2019. The award required payment of $5,787,401.13 in unpaid contributions, $1,847,688.98 in interest, $1,157,480.23 in liquidated damages, $400 in costs, $1,500 in attorneys’ fees, and $500 for the arbitrator’s fee, totaling $8,794,970.34.

Court’s analysis

The court explained that courts give arbitration awards substantial deference. A petition to confirm an award is treated similarly to a summary-judgment motion, so an unopposed petition cannot be granted automatically; the court must still determine whether the petitioner’s submissions show that no genuine dispute of material fact exists and that the petitioner is legally entitled to judgment.

The court found that the arbitrator had considered the evidence, applied the relevant provisions of the collective bargaining agreements, and acted within the authority granted by those agreements. The court also found no evidence that the award was obtained unlawfully, issued arbitrarily, or exceeded the arbitrator’s powers. It noted that Ocean Marine had not challenged or sought to vacate the award.

Rulings and judgment

The court granted the unopposed petition to confirm all aspects of the arbitration award. It directed the Clerk of Court to enter judgment for $8,794,970.34, with interest at 7.5% from December 18, 2019, until entry of judgment. The court also granted the petitioners’ request for attorneys’ fees and costs and directed that the judgment include $1,435 in attorneys’ fees and $70 in costs. Post-judgment interest was ordered at the rate provided by 28 U.S.C. § 1961(a), calculated from the date judgment was entered. Judge Paul G. Gardephe directed the Clerk to close the case.