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

Background

The petitioners sought confirmation and enforcement of an arbitration award under Section 301 of the Labor Management Relations Act. Genrus Corp. had signed a letter of assent binding it to a project labor agreement and, through that agreement, to a collective bargaining agreement with the New York City District Council of Carpenters. Those agreements required Genrus to make contributions to designated employee-benefit funds and to make its books and payroll records available for audits.

The petitioners requested an audit covering March 25, 2019, through May 30, 2021. The audit identified a principal contribution deficiency of $2,005.26. After Genrus refused to pay, the petitioners initiated arbitration. Genrus received notice but did not attend the February 25, 2022 hearing or request additional time. Arbitrator J.J. Pierson proceeded without Genrus and awarded the petitioners $9,646.99, including the principal deficiency, liquidated damages, interest, audit costs, promotional fund contributions, late-payment interest, attorney fees, arbitrator fees, and court costs.

The petitioners then filed this case to confirm the award. Genrus did not oppose the petition or otherwise appear.

Arbitration Award

The court explained that review of an arbitration award is limited. A court must confirm an award if the arbitrator was at least arguably interpreting or applying the agreement, acted within the scope of the arbitrator’s authority, and did not disregard the agreement’s plain language. An unopposed petition to confirm an award is treated similarly to a motion for summary judgment, so the petitioners still had to show that undisputed facts entitled them to judgment as a matter of law.

The court found that the arbitrator’s findings followed the collective bargaining agreement. The agreement required Genrus to make timely fringe-benefit contributions and permitted arbitration of disputes about payments to the funds. The court also found that the award’s amounts were authorized by the collective bargaining agreement and the funds’ collection policy. Nothing in the record showed that the arbitrator acted arbitrarily, exceeded the arbitrator’s authority, or acted contrary to law. The court therefore confirmed the award.

Attorney Fees, Costs, and Interest

The petitioners requested $504.50 in attorney fees and $77 in costs for the federal confirmation proceeding. The court held that fees and costs were proper because Genrus had not justified its failure to comply with the arbitration decision, and the governing agreements authorized recovery of reasonable fees and costs for collection proceedings.

The court found that the petitioners’ counsel reasonably spent 3.3 hours on the case. It reduced associate Maura Moosnick’s requested hourly rate from $275 to $225 because she had approximately one year of legal experience. The court approved legal assistant Abigail Frankel’s $120 hourly rate. It therefore awarded $469.50 in attorney fees and $77 in costs. The court also awarded post-judgment interest at the statutory rate beginning when judgment was entered.

Disposition

The petition was granted. The court directed the Clerk to enter judgment for $10,193.49, consisting of the $9,646.99 arbitration award, $469.50 in attorney fees, and $77 in costs, plus statutory post-judgment interest. The Clerk was also directed to close the case.