New York Hotel & Motel Trades Council, AFL-CIO v. 45th Street Hotel LLC

Background

On June 15, 2021, New York Hotel & Motel Trades Council, AFL-CIO filed a petition asking the court to confirm an arbitration award. After the respondents failed to oppose the original petition, the court directed them to explain why the petition should not be treated as unopposed. The Council then filed an amended petition and supporting materials and served them on the respondents.

The respondents did not respond to the amended petition or otherwise seek relief from the arbitration award.

Court’s analysis

The court stated that an unopposed petition to confirm an arbitration award must still be reviewed, treating it like a motion for summary judgment based on the petitioner’s submissions. Summary judgment is a decision entered when the record shows no genuine dispute over facts requiring a trial.

After reviewing the petition and supporting materials, the court found no genuine issue of material fact preventing summary judgment on all portions of the award. It concluded that the arbitrator’s decision had more than a barely supportable justification for its result. The court also found no basis under Section 10(a) of the Federal Arbitration Act to vacate, or set aside, the award.

Interest, fees, and costs

The court granted the Council’s request for pre-judgment interest at a rate of nine percent. It also awarded post-judgment interest under 28 U.S.C. § 1961(a), which provides a statutory rate based on the weekly average one-year Treasury yield for the week before judgment.

The Council also requested attorneys’ fees and costs but did not specify the amounts. The court directed the Council to file any motion for fees and costs by September 8, 2021. The respondents could oppose that motion by September 15, 2021, and no reply would be allowed without the court’s permission.

Disposition

Judge Jesse M. Furman granted the petitioner’s unopposed petition to confirm the entire arbitration award. The court directed the petitioner to file a proposed judgment by September 1, 2021. The opinion did not decide the amount of attorneys’ fees or costs; it established a process and deadlines for a later motion.