Trustees for The Mason Tenders District Council Welfare Fund v. Construction

Background

The Trustees for the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund, along with Ann Gutsin in her fiduciary capacity as Director and Robert Bonanza as Business Manager of the Mason Tenders District Council of Greater New York, petitioned under Section 301(c) of the Labor Management Relations Act to confirm and enforce an arbitration award against Fraser Construction, Inc.

Fraser Construction was party to the Local 66 Trade Agreement, which bound it to the Mason Tenders District Council of Greater New York Master Independent Collective Bargaining Agreement for work performed in New York City. The collective bargaining agreement required participating employers to make contributions to the Funds for covered employees. A dispute arose over Fraser Construction’s failure to make required contributions, and the Funds referred the dispute to arbitration.

An arbitration hearing was held on January 7, 2020, but no one appeared for Fraser Construction. On February 7, 2020, Arbitrator Joseph Harris ordered Fraser Construction to pay $7,788.76 in unpaid fringe benefits, $829.44 in unpaid dues and political-action-committee contributions, $1,729.05 in audit costs, $1,616.20 in current interest, $3,232.40 in Employee Retirement Income Security Act liquidated damages, $500 in attorneys’ fees, and $1,100 in arbitration costs. The total award was $16,795.85. The opinion states that no payments had been made.

Court’s analysis

Because Fraser Construction did not oppose the petition, the court treated the confirmation request like a motion for summary judgment based on the petitioners’ submissions. The court reviewed whether the submissions showed that no genuine dispute of material fact remained. It explained that the burden for confirming an arbitration award is not onerous and that an award should be confirmed when a basis for the arbitrator’s decision can be inferred from the facts.

The court concluded that there was no genuine dispute of material fact and that the petitioners were entitled to confirmation of the award. It also found that they were entitled to attorneys’ fees and costs incurred in connection with the petition and amended petition because Fraser Construction had refused to comply with the award without challenging or seeking to vacate it in court.

Disposition

Judge Lewis J. Liman granted the petition. The award was confirmed, and the Clerk of Court was directed to enter judgment for the petitioners and against Fraser Construction, Inc. for $16,795.85, with statutory interest accruing from the date judgment was entered. The judgment also includes attorneys’ fees and costs incurred in connection with the petition and costs incurred in enforcing the judgment. The Clerk was directed to close the case.