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

Background

The petitioners were the Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund; the Trustees of the New York City Carpenters Relief and Charity Fund; the Carpenter Contractor Alliance of Metropolitan New York; and the New York City District Council of Carpenters. The opinion collectively calls the first three groups the “Funds” and the last entity the “Union.”

The petitioners filed a petition under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, asking the court to confirm an arbitration award issued against L.A. Mays Inc. They also requested 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.

Magistrate Judge’s Recommendation

The petitioners asked the court to review the unopposed petition as a motion for summary judgment. Summary judgment is a decision without a trial when the court determines that the matter can be resolved on the record. Judge Broderick granted that request and referred the case to Magistrate Judge Ona T. Wang for a report and recommendation.

Judge Wang recommended confirming all portions of the arbitration award, with interest accruing at the statutory rate under 28 U.S.C. § 1961. She also recommended granting the request for $927.50 in attorney’s fees and $70 in costs. Neither side objected to the report and recommendation.

Court’s Review and Ruling

Because neither party objected, Judge Vernon S. Broderick reviewed the report and recommendation for clear error, meaning an obvious mistake in the magistrate judge’s findings or recommendations. 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 the respondents to pay the petitioners $2,400 in damages. It also awarded the petitioners $997.50 in attorney’s fees and costs, together with post-judgment interest under 28 U.S.C. § 1961(a). The Clerk’s Office was directed to enter judgment and close the case.