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

Background

The petitioners included trustees of employee-benefit funds governed by the Employee Retirement Income Security Act, trustees of a charitable fund, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. Genrus was bound by project labor agreements and collective bargaining agreements with the Union. Those agreements required Genrus to make contributions to the funds for covered employee work and to provide books and payroll records for audits. They also required arbitration of disputes over unpaid contributions.

An audit covering January 1, 2017, through March 24, 2019, found that Genrus had not made all required contributions. The petitioners started arbitration and gave Genrus notice of the proceedings. At the first hearing, the parties reached a tentative agreement under which Genrus would pay $12,791.15 by the next hearing; otherwise, the original claim of $21,250.50 would be awarded. Genrus did not appear at the December 3, 2020, hearing. The arbitrator found that Genrus had received legally sufficient notice, considered the petitioners’ evidence and audit report, and issued a December 5, 2020, award ordering Genrus to pay $21,250.50. The award included unpaid contributions and other amounts, liquidated damages, attorneys’ fees, and arbitration costs, less a prior payment. It also provided for 5.25% interest from the award date.

Court’s Analysis

The petitioners asked the court to confirm the arbitration award. Genrus was served with the petition but 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, meaning the court must still examine the record and determine whether the moving party is entitled to judgment as a matter of law.

The court found sufficient support for the award. The arbitrator had heard testimony, reviewed the collective bargaining agreements and the petitioners’ submissions, and considered the audit report. The court concluded that the evidence showed Genrus owed contributions and interest under the agreements. It found no indication that the arbitrator acted arbitrarily, exceeded the arbitrator’s authority, or acted contrary to law. The court also found the attorneys’ fees and costs in the award appropriate because Genrus had neither complied with nor sought to modify or vacate the award.

Ruling

Judge Edgardo Ramos granted the petition and confirmed the arbitration award. The Clerk was directed to enter judgment for the petitioners against Genrus in the amount of $21,250.50, plus 5.25% annual interest from December 5, 2020, through the judgment date. Genrus was also ordered to pay $1,610 in attorneys’ fees and $75 in costs arising from the petition. The judgment accrues post-judgment interest under 28 U.S.C. § 1961, and the case was closed.