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

Background

The petitioners included trustees of several New York City District Council of Carpenters funds, the Trustees of the New York City Carpenters Relief and Charity Fund, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. The court stated that RCW Interiors was an employer covered by the Employee Retirement Income Security Act and the Labor Management Relations Act. The Union was the certified bargaining representative for certain RCW employees.

RCW was bound by an agreement between the Association of Wall Ceiling & Carpentry Industries of New York, Inc., and the Union. The agreement required RCW to make contributions to the funds and follow fund policies. The parties disputed RCW’s failure to provide access to its books and records as required by the agreement. The petitioners initiated arbitration, but RCW did not appear despite notice of the hearing. On September 25, 2020, the arbitrator entered an award requiring RCW to pay $2,900: $1,500 in attorneys’ fees, $1,000 in arbitrator’s fees, and $400 in court costs. The opinion states that RCW has not paid any part of that award.

Court’s Analysis

The petitioners filed this action to confirm the arbitration award on January 26, 2021, and filed an affidavit of service on February 1, 2021. The court later ordered RCW to show cause why the petition should not be treated as unopposed. RCW neither appeared nor responded.

The court explained that when a party does not respond to a motion for default judgment in an arbitration-confirmation case, the petition is treated as an unopposed motion for summary judgment. Summary judgment is a ruling that resolves a matter when the submitted materials show that no trial is needed. The court stated that it would uphold the arbitrator’s decision if there was a “barely colorable justification” for the award. After reviewing the petitioners’ submissions, the court found more than colorable justification and confirmed the award.

Disposition

Judge Andrew L. Carter, Jr. granted the petition and entered judgment for the petitioners. The judgment awarded $2,900 under the September 25, 2020 arbitration award; ordered RCW to produce specified books, cash-disbursement, ledger, job-location, daily-location, daily-time, and certified-payroll records to the Board of Trustees of the New York City District Council of Carpenters Benefit Funds for the audit period from October 3, 2016, to the date of the order; awarded $75 in proceeding costs and $725 in attorneys’ fees; and awarded post-judgment interest at the statutory rate. The clerk was directed to enter judgment and close the case.