Trustees for The Mason Tenders District Council Welfare Fund v. Euro-Build…

Background

The Trustees for the Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund, and Training Program Fund, together with Robert Bonanza, Business Manager of the Mason Tenders District Council of Greater New York and Long Island, petitioned to confirm and enforce an arbitration award against Euro-Build Construction Corp. The opinion refers to these parties collectively as the petitioners and to Euro-Build as the respondent.

Euro-Build was a party to the 2002–2005 Mason Tenders District Council of Greater New York Master Independent Collective Bargaining Agreement. Under that agreement, Euro-Build was required to make financial contributions to the funds for covered employees. The Trust Agreements authorized the Trustees to seek unpaid contributions, interest, liquidated damages, reasonable attorney fees, and litigation costs.

After the funds’ auditors examined Euro-Build’s books and records, the petitioners alleged that Euro-Build had failed to make fringe-benefit and other contributions for the period from April 1, 2014, through November 29, 2017. Arbitrator Joseph Harris issued a default arbitration award requiring Euro-Build to pay $29,279.25, consisting of $16,467.01 in unpaid fringe benefits; $1,179.08 in unpaid dues and political-action-committee contributions; $4,830.32 in audit costs; $1,634.28 in current interest; $3,368.56 in liquidated damages; $500 in attorney fees; and $1,300 in arbitration costs. The opinion states that Euro-Build made no payments and did not appear or respond in the arbitration or court proceeding.

Court’s analysis

The Federal Arbitration Act provides a process for obtaining a court order confirming an arbitration award. The court explained that an unopposed confirmation request is evaluated under the same legal standard as a summary-judgment motion. That means the petitioners had to show that there was no genuine dispute about any material fact and that they were entitled to judgment as a matter of law; the court could not grant the request merely because Euro-Build did not oppose it.

The court examined the petition, counsel’s declaration, exhibits, and legal memorandum. It found no material factual dispute, no indication that the arbitrator acted arbitrarily or outside his authority, and no indication that the award violated the law. The court also found that the award’s components were supported by the relevant agreements and unrebutted evidence. Because there was at least a minimally sufficient legal and evidentiary basis for each component, the court confirmed the award in its entirety.

Ruling

The court granted the Petition to Confirm Arbitration Award. It directed the Clerk to enter judgment for the petitioners and against Euro-Build in the amount of $29,279.25, plus post-judgment interest at the statutory rate under 28 U.S.C. § 1961 until payment. The court did not set a specific amount of additional attorney fees and costs for the confirmation and enforcement proceeding. Instead, it stated that, if the petitioners still sought those fees and costs, they could file a letter proposing a reasonable amount with supporting justification within 14 days of the decision. The Clerk was also directed to terminate the motion at ECF No. 1.