New York City District Council of Carpenters v. King Hoist & Scaffolding, Inc.

Background

King Hoist was bound by a collective bargaining agreement with the New York City District Council of Carpenters. The agreement required final and binding arbitration of disputes and designated Roger Maher as the arbitrator. The dispute arose after King Hoist allegedly failed to notify the petitioner about a job at Hudson Yards or call a shop steward for work performed from July 15, 2016, through August 18, 2016.

The arbitrator held a hearing on May 25, 2017. King Hoist did not appear. After considering the petitioner’s testimony and evidence, the arbitrator issued an award dated May 27, 2017. The arbitrator found that King Hoist violated the collective bargaining agreement and ordered it to pay the equivalent of 208 hours of wages and benefit contributions totaling $20,614.92, plus $1,000 representing half of the arbitrator’s fee. The opinion states that King Hoist had not paid the award.

Court Proceedings and Legal Standard

The petitioner filed the petition to confirm the arbitration award, and King Hoist was served. King Hoist did not respond within 21 days, so the petition was treated as unopposed. The court explained that an unanswered petition to confirm an arbitration award is treated as an unopposed motion for summary judgment, but the court must still examine the record and determine whether the petitioner is entitled to judgment as a matter of law.

The court also described the limited judicial review given to arbitration awards. An award ordinarily must be confirmed unless it is vacated, modified, or corrected. Confirmation is appropriate when the record provides at least a minimally reasonable justification for the arbitrator’s result, even if a court might disagree with the arbitrator’s decision.

Ruling

Judge Edgardo Ramos found sufficient justification for the award. The arbitrator had reviewed the collective bargaining agreement and the petitioner’s evidence and had found that King Hoist violated Article VI, Section 1. The court found no indication that the arbitrator acted arbitrarily, exceeded the arbitrator’s authority, or reached a result contrary to law. The court therefore confirmed the arbitration award.

The court also found the award concerning attorney’s fees and costs appropriate because King Hoist had neither appeared in the case nor sought to modify or vacate the arbitration award. The opinion does not specify a separate attorney’s-fee amount.

Disposition

The petition was granted, and the arbitration award was confirmed. The Clerk was directed to enter judgment in favor of the petitioner for $20,614.92. King Hoist was also directed to pay $1,000 to the arbitrator as its contractual half of the arbitrator’s fee. The judgment was to accrue post-judgment interest under 28 U.S.C. § 1961, and the case was closed.