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

Background

The petitioners were trustees of several funds, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. The opinion states that the funds operated under the Employee Retirement Income Security Act, and that the Union represented certain Concrete Industries employees. Concrete Industries was incorporated under New York law.

The parties’ collective bargaining agreements required Concrete Industries to make contributions to the funds for covered employee work and to submit to audits. The agreements also allowed disputes about unpaid contributions to be submitted to arbitration and provided for interest, liquidated damages, costs, and attorneys’ fees in appropriate circumstances.

The funds audited Concrete Industries’ books and records for December 30, 2015, through June 25, 2019. The audit found that Concrete Industries had not made all required contributions. After Concrete Industries did not pay the audit findings, the petitioners initiated arbitration before Roger E. Maher.

Arbitration award and court proceeding

On April 17, 2021, the arbitrator found that Concrete Industries violated the collective bargaining agreements and awarded the funds $193,747.34. The award included principal deficiencies, interest, liquidated damages, promotional fund contributions, previously incurred attorneys’ and arbitrator fees, court costs, attorneys’ fees, an arbitrator’s fee, and audit costs. The arbitrator also provided that interest at 5.25% would accrue on the award from the date it was issued.

The petitioners filed the petition to confirm the award on September 21, 2021, and served Concrete Industries on September 23, 2021. Concrete Industries did not appear, and the court treated the petition as unopposed. The court explained that an unanswered petition to confirm an arbitration award is treated as an unopposed motion for summary judgment, meaning the court must still review the record to determine whether the petitioners were legally entitled to judgment.

Court’s analysis

The court stated that confirmation normally converts a final arbitration award into a court judgment. An award generally must be confirmed unless it has been vacated, modified, or corrected. Judicial review of an arbitration award is very limited; confirmation is appropriate when the record provides at least a minimally reasonable justification for the arbitrator’s result.

The court found sufficient justification for the award. The arbitrator had reviewed the collective bargaining agreements and the petitioners’ evidence and had found that Concrete Industries failed to make required payments. The court found no indication that the arbitrator acted arbitrarily, exceeded authority, or acted contrary to law. It also found the award of attorneys’ fees and costs appropriate because Concrete Industries had not appeared or sought to modify or vacate the award.

The court additionally granted post-judgment interest under 28 U.S.C. § 1961(a), which the court described as mandatory for civil judgments from the date judgment is entered.

Disposition

Judge Edgardo Ramos granted the petition and confirmed the arbitration award. The Clerk was directed to enter judgment for the petitioners in the amount of $193,747.34, plus interest from April 17, 2021, through the date of judgment at an annual rate of 5.25%. Concrete Industries was also ordered to pay $765 in attorneys’ fees and $77 in costs arising from the petition. The judgment would accrue post-judgment interest under 28 U.S.C. § 1961, and the case was closed.