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

Background

The Union and Land Cruising Properties were parties to collective bargaining and project labor agreements. Those agreements required Land Cruising Properties to make contributions to the Funds for covered work and to provide books and payroll records for audits. They also required disputes to be handled through arbitration.

The Funds requested an audit covering November 28, 2016, through the present, but Land Cruising Properties did not provide its records. Under the agreements and the Funds’ collection policy, the failure to provide records created a presumption of delinquent contributions and permitted an estimate of the amount owed.

The Funds began arbitration before Roger E. Maher. Land Cruising Properties received notice of the hearing but did not appear. On April 10, 2021, the arbitrator found that Land Cruising Properties violated the agreements by refusing to permit the audit and awarded the Funds $22,207.50. That amount included $14,335.44 in estimated unpaid contributions, $2,104.97 in interest, $2,867.09 in liquidated damages, $400 in court costs, $1,500 in attorneys’ fees, and $1,000 for the arbitrator’s fee.

Issues and legal standard

The petitioners asked the court to confirm the arbitration award, award interest before and after judgment, and award the attorneys’ fees and costs incurred in bringing the case. Land Cruising Properties did not oppose the petition or appear in the case.

The court explained that federal review of a labor arbitration award is very limited. A court generally must confirm an award unless it was vacated, modified, or corrected. The court’s task was to determine whether the arbitrator was interpreting and applying the agreements and acting within the authority granted by them, not to reconsider the arbitrator’s factual or legal conclusions.

For an unopposed petition to confirm an arbitration award, the court evaluates the petitioners’ submissions in a manner similar to a summary-judgment motion and must determine whether those submissions show that no material factual dispute exists.

Rulings

The court found that the petitioners established that Land Cruising Properties was bound by the agreements, was required to make contributions and permit audits, and failed to provide records. The court also found that the arbitrator’s award was supported by the record and consistent with the agreements and collection policy. The court therefore confirmed the arbitration award of $22,207.50.

The court granted prejudgment interest at an annual rate of 5.25 percent from the date of the award through the date of judgment, resulting in $1,181.86 in prejudgment interest. The court also awarded post-judgment interest at the statutory rate under 28 U.S.C. § 1961.

The court granted in part the petitioners’ application for attorneys’ fees and costs. The petitioners requested $945 in attorneys’ fees and $77 in costs. The court found that 3.3 hours of work were reasonable but reduced the hourly rates from $350 to $325 for partner Nicole Marimon and from $275 to $250 for associate Adrianna R. Grancio. The reduced rates produced an attorneys’ fee award of $862.50. The court awarded the requested $77 in costs.

Disposition

The petition was granted. The Clerk was directed to enter judgment for $24,328.86, consisting of the $22,207.50 arbitration award, $1,181.86 in prejudgment interest, $862.50 in attorneys’ fees, and $77 in costs. The court directed the Clerk to terminate pending motions, adjourn remaining dates, and close the case.