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

Background

The petitioners were several New York City District Council of Carpenters funds, the New York City and Vicinity Carpenters Labor-Management Corporation, and the New York City District Council of Carpenters. They sought confirmation of an arbitration award against Trager Construction, LLC and Trager Solutions Inc. under a collective bargaining agreement and Section 301 of the Labor Management Relations Act.

The agreements required the respondents to make benefit-fund contributions for hours worked by their employees and to provide books and payroll records for audits. An audit of Trager Construction’s records for January 1, 2011, through March 10, 2016, found unpaid contributions. An audit of Trager Solutions’ records for March 11, 2016, through December 27, 2016, found additional unpaid contributions.

The petitioners served notices of arbitration, but neither respondent appeared at the November 7, 2018, arbitration hearing. Based on the evidence presented, the arbitrator issued a default award totaling $459,781.76, including unpaid contributions, interest, liquidated damages, other charges, audit costs, court costs, attorneys’ fees, and the arbitrator’s fee. The award also provided for 7% interest from the date of the award.

Court’s analysis

The court explained that confirmation of an arbitration award is a summary proceeding that turns the award into a court judgment. Even when a petition is unopposed, the court must review the submission to determine whether the petitioner has shown that no genuine dispute of material fact prevents judgment.

The court found that the arbitrator had considered the collective bargaining agreement, the audit evidence, and testimony from the auditor. It concluded that the award was within the arbitrator’s authority under the agreement, which allowed the arbitrator to decide disputes about payments to the funds and award monetary damages. The court also found no evidence that the award was unlawful, arbitrary, or beyond the arbitrator’s powers. Under the standards governing arbitration, the court did not reweigh the arbitrator’s factual findings or interpretation of the agreement.

Fees, costs, and interest

The court held that the collective bargaining agreement entitled the petitioners to reasonable attorneys’ fees and costs for the court action. It found reasonable the request for $1,742.50 in attorneys’ fees for 6.2 hours of work and $475 in costs. The court also granted post-judgment interest under 28 U.S.C. § 1961, calculated from the date judgment was entered.

Disposition

The petition to confirm the arbitration award was granted. The Clerk of Court was directed to enter judgment confirming $360,080.96 against Trager Construction, LLC and $99,700.80 against Trager Solutions Inc., with 7% interest accruing from November 8, 2018, until entry of judgment. The judgment was also to include the attorneys’ fees and costs, split evenly between the two respondents, followed by statutory post-judgment interest. The case was closed.