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

Background

The petitioners sought confirmation and enforcement of an arbitration award under Section 301 of the Labor Management Relations Act. The dispute arose from a collective bargaining agreement involving the New York City District Council of Carpenters and C K S Woodworks, Inc. The agreement required C K S Woodworks to provide its books and records for an audit concerning required benefit contributions and allowed disputes to be submitted to arbitration.

The petitioners requested an audit covering March 2013 through the date of the request, but C K S Woodworks refused to provide its records. The petitioners then initiated arbitration before Roger E. Maher. C K S Woodworks received notice of the arbitration but did not attend or request a delay. On January 8, 2020, Arbitrator Maher found that the company had violated the agreement and ordered it to pay $239,368.73: $167,198.62 in estimated principal deficiencies, $36,330.39 in interest, $33,439.72 in liquidated damages, $400 in court costs, $1,500 in attorney’s fees, and $500 in arbitrator’s fees. The award also provided for interest at 6.75% from its issuance date.

The petitioners filed this federal court action to confirm the award. C K S Woodworks was served, but it did not appear, oppose the petition, or otherwise participate. The petitioners also sought $818 in attorney’s fees and $75 in costs for the court proceedings.

Confirmation of the Arbitration Award

The court treated the unopposed petition as similar to a motion for summary judgment. Summary judgment is appropriate when the undisputed facts show that the moving party is entitled to judgment as a matter of law. Review of a labor arbitration award is limited: the court must determine whether the arbitrator was at least arguably interpreting and applying the agreement, acted within the granted authority, and did not disregard the agreement’s plain language.

The court found no genuine dispute of material fact. The agreement required C K S Woodworks to submit its records for an audit and permitted arbitration of disputes. The arbitrator had found that the company received notice, failed to attend, and failed to make its records available. The court also found no indication that the award was arbitrary, exceeded the arbitrator’s authority, or violated the law. The court therefore confirmed the arbitration award of $239,368.73.

Attorney’s Fees, Costs, and Interest

The court concluded that an award of fees and costs for the confirmation proceeding was proper because C K S Woodworks had not appeared or offered a justification for failing to comply with the arbitration award, and the collective bargaining agreement authorized reasonable attorney’s fees and costs for enforcement actions.

The petitioners requested fees based on one hour of partner time at $350 per hour and 3.9 hours of legal-assistant time at $120 per hour. The court found the 4.9 hours reasonable and nonduplicative, but reduced the partner rate to $325 per hour. The court therefore granted $793 in attorney’s fees and granted the requested $75 in costs.

Disposition

Judge John P. Cronan granted the petition. The Clerk was directed to enter judgment for $240,236.73, consisting of the $239,368.73 arbitration award, $793 in attorney’s fees, and $75 in costs. The court also awarded 6.75% interest on the arbitration award from January 8, 2020, through the date of judgment, followed by post-judgment interest at the statutory rate. The case was closed.