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

Background

The petitioners were the Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund, and Apprenticeship, Journeyman Retraining, Educational and Industry Fund; the Trustees of the New York City Carpenters Relief and Charity Fund; the Carpenter Contractor Alliance of Metropolitan New York; and the New York City District Council of Carpenters. The opinion states that the benefit funds were multiemployer labor-management trust funds under the Employee Retirement Income Security Act, and that the Union represented certain Eastern Elevations employees.

Eastern Elevations signed letters of assent in approximately January 2017 for work on the Build it Back Brooklyn & Queens Project. Those letters bound Eastern Elevations to project labor agreements, which in turn bound it to collective bargaining agreements with the Union. The agreements required Eastern Elevations to make contributions to the funds for covered work and to provide records for audits. They also allowed arbitration of disputes concerning payments to the funds.

An audit found that Eastern Elevations had failed to remit $3,325.33 in required contributions. After arbitration, at which Eastern Elevations did not appear, arbitrator Roger E. Maher issued an award on September 21, 2020. The award required Eastern Elevations to pay $16,329.59, consisting of the principal deficiency, interest, liquidated damages, non-audit late-payment interest, audit costs, court costs, attorneys’ fees, and arbitrator’s fees. The award also provided for 5.25% annual interest from the date of issuance. The opinion states that Eastern Elevations had not paid any part of the award.

Proceedings and Legal Standard

The petitioners filed a petition to confirm the arbitration award. They served Eastern Elevations, but Eastern Elevations did not respond within 21 days. The court therefore treated the petition as unopposed.

The court explained that confirmation is ordinarily a streamlined proceeding that converts a final arbitration award into a court judgment. The court generally must confirm the award unless it has been vacated, modified, or corrected. Because Eastern Elevations did not answer, the court treated the petition as an unopposed motion for summary judgment, meaning a request for judgment without a trial when the record shows no genuine dispute over a material fact. Even when such a motion is unopposed, the court must independently review the submission and determine whether the moving party is legally entitled to judgment.

Court’s Analysis

The court found sufficient justification for the award. It stated that the arbitrator had reviewed the collective bargaining agreements and the petitioners’ evidence showing that Eastern Elevations owed contributions and interest for the relevant periods. The court found no indication that the arbitrator acted arbitrarily, exceeded his authority, or acted contrary to law. Under the limited review applicable to arbitration awards, the court concluded that it was required to confirm the award.

The court also found the award of attorneys’ fees and costs appropriate because Eastern Elevations had not appeared in the case and had not tried to modify or vacate the arbitration award. In addition, the court granted post-judgment interest under 28 U.S.C. § 1961(a).

Disposition

Judge Ramos granted the petition and confirmed the arbitration award. The Clerk was directed to enter judgment in favor of the petitioners for $16,329.59, plus 5.25% annual interest from the award date through the judgment date. Eastern Elevations was also ordered to pay $1,190 in attorneys’ fees and $73 in costs arising from the petition. The judgment was to accrue post-judgment interest, and the Clerk was directed to close the case.