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

Background

The petitioners—the identified carpenter benefit funds and the New York City District Council of Carpenters—asked the court to confirm a labor-arbitration award against 1st Choice Construction LLC under Section 301 of the Labor Management Relations Act. The parties’ project labor agreements and collective bargaining agreement required 1st Choice to make contributions to the funds for covered work and to make its books and records available for an audit.

An audit covering March 20, 2017, through July 27, 2018, found unpaid contributions. The petitioners then initiated arbitration. The arbitrator’s June 17, 2020, award found that 1st Choice owed $45,395.70 in delinquent principal payments, interest, liquidated damages, promotion fund contributions, fees, and costs, with interest accruing at 6.75% annually from the date of the award. The petitioners stated that 1st Choice had not paid any part of the award. 1st Choice did not appear or respond to the petition.

Court’s analysis

Because 1st Choice did not respond, the court treated the petition as an unopposed motion for summary judgment. The court nevertheless examined the petitioners’ evidence rather than automatically granting relief.

The court found that the dispute fell within the collective bargaining agreement’s arbitration clause, which covered disputes about payments allegedly owed to the funds. It also found that the arbitrator acted within the authority granted by that agreement. Finally, the court found no disputed evidence showing that the amount awarded was incorrect or that the audit methods were inaccurate. The court explained that its review of the labor-arbitration award was very limited and that it was not authorized to reconsider the arbitrator’s decision on the merits.

Ruling

Judge Swain granted the petition to confirm the arbitration award. The court directed the Clerk to enter judgment for $50,081.40, consisting of the $45,395.70 arbitration award, $3,945.70 in prejudgment interest at 6.75% annually from June 17, 2020, through the date of the Memorandum Order, $665 in attorneys’ fees, and $75 in service costs. The court also ordered post-judgment interest at the statutory rate under 28 U.S.C. § 1961 and directed that the case be closed.

The opinion contains an internal numerical inconsistency: in the discussion of the judgment, it refers to the amount owed as $45,396.70, but the background, the conclusion, and the judgment calculation use $45,395.70.