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

Background

The Funds and the New York City District Council of Carpenters asked the court to confirm an arbitration award under the Federal Arbitration Act and the Labor Management Relations Act. The award arose from several agreements, including collective bargaining agreements and a policy governing collection of employer contributions.

Those agreements required Manzo to make contributions to the Funds for covered work and to provide books and payroll records when requested for an audit. The Funds requested records for the period beginning December 16, 2014, but Manzo did not provide them. The agreements also required arbitration of disputes concerning payments to the Funds.

The arbitrator, Roger E. Maher, sent Manzo notice of the arbitration hearing and held a hearing. On September 11, 2020, the arbitrator found that Manzo had violated the agreements by failing to permit inspection of the relevant books and records. The award required Manzo to produce specified records and pay $2,900: $1,500 in attorneys’ fees, $1,000 for the arbitrator’s fee, and $400 in court costs. Manzo had not produced the records or paid any part of the award. He also did not appear in the federal case or oppose the petition.

Court’s Analysis

The court explained that it generally must confirm an arbitration award unless the award is vacated, modified, or corrected. Although the court applied a summary-judgment standard to the unopposed petition, its review of the labor arbitration award was highly deferential. The court confirmed the award because its reasoning could be inferred from the facts and the arbitrator acted within the authority provided by the agreements.

The court also considered the petitioners’ request for $3,186.50 in additional attorneys’ fees and $75 in costs for the federal enforcement action. It held that fees could be awarded because Manzo refused to comply with the arbitration award and failed to appear without justification. The court approved the hours worked but reduced the requested hourly rates for the attorneys. It approved rates of $275 per hour for Nicole Marimon, $225 per hour for Marlie Blaise, and $120 per hour for legal assistants.

Ruling

Judge Lorna G. Schofield granted the petition. Manzo was ordered to produce the specified books and records by August 19, 2021, for the audit period from December 16, 2014, through September 11, 2020. He was also ordered to pay the Funds $2,900 under the arbitration award, $2,641.50 in additional attorneys’ fees, and $75 in filing costs. The court granted the request for post-judgment interest at the statutory rate under 28 U.S.C. § 1961, accruing from the date judgment was entered until payment. The Clerk of Court was directed to close the case.