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

Background

On February 5, 2020, the trustees and other petitioners filed a petition under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185. They asked the court to confirm an arbitration award issued against L.A. Mays Inc. and to award attorney’s fees and costs incurred in the confirmation proceeding.

The petition was served on February 7, 2020. L.A. Mays did not oppose the petition, request more time to respond, or appear in the action.

Report and Recommendation

The petitioners asked the court to review the petition as an unopposed motion for summary judgment. Summary judgment is a decision resolving a claim when the court determines that no material factual dispute requires a trial. On April 1, 2020, the court granted that request and referred the case to Magistrate Judge Ona T. Wang for a report and recommendation.

On October 5, 2020, Judge Wang recommended confirming all portions of the arbitration award, allowing interest to accrue at the statutory rate under 28 U.S.C. § 1961, and awarding the petitioners $927.50 in attorney’s fees and $70 in costs. Neither side objected to the report and recommendation.

Court’s Review and Ruling

Because no party objected, Judge Vernon S. Broderick reviewed the report and recommendation for clear error, meaning an obvious mistake. He found none and adopted the report and recommendation in its entirety.

The court granted the petition and confirmed the arbitration award in full. It directed L.A. Mays to pay $2,400 in damages, with interest accruing at the rate set by 28 U.S.C. § 1961. The court also awarded the petitioners $997.50 in attorney’s fees and costs. The Clerk was directed to enter judgment, calculate the interest, and close the case.