Trustees of the New York City District Council of Carpenters Pension Fund v…

Background

The petitioners were the trustees of several funds, The Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. The opinion states that the Union was a labor organization and the certified bargaining representative for certain employees of Stephen Ifill d/b/a Mur Construction. During the relevant period, Ifill was bound by a collective bargaining agreement with the Union.

The agreement required contributions to the funds for covered work and required Ifill to provide books and payroll records for audits. It also allowed disputes concerning payments to the funds to be submitted to arbitration. An audit covering June 1, 2014, through April 26, 2019, found that the required contributions had not been fully paid.

After arbitration, the arbitrator issued an award on August 6, 2021. The arbitrator ordered payment of $219,694.81, consisting of $144,425.23 in principal deficiencies, $38,587.76 in interest, $28,885.05 in liquidated damages, $327.29 in non-audit late-payment interest, $251.48 in promotional-fund contributions, $400 in court costs, $1,500 in attorneys’ fees, $1,000 in arbitrator’s fees, and $4,318 in audit costs. The arbitrator also ordered interest at 5.25% from the date of the award. The opinion states that Ifill had not paid any part of the award and that the award had not been vacated or modified.

The petitioners filed this case to confirm the award. Ifill was served but did not answer, appear, or respond to the petition or the court’s order to show cause.

Court’s Analysis

The court explained that an arbitration award does not automatically become enforceable as a court judgment. Under the Federal Arbitration Act, a court may confirm the award through a streamlined proceeding. For an unopposed confirmation request, courts in the Second Circuit apply the same legal standard used for summary judgment, which asks whether there is any genuine dispute about an important fact and whether the requesting party is entitled to judgment under the law.

The court confirmed the award in its entirety. It found that the arbitrator acted within the scope of his authority and that the collective bargaining agreement and related policies supported the amounts awarded for contributions, interest, damages, attorneys’ fees, arbitrator’s fees, and other costs. The court concluded that there was at least a minimally reasonable basis for each component of the award.

The petitioners also requested $630 in attorneys’ fees and $77 in costs for this confirmation proceeding. The court found those amounts reasonable because Ifill had neither complied with the arbitration award nor offered a justification for failing to do so, and had not appeared in the case.

The court granted pre-judgment interest at the arbitrator’s rate of 5.25%. It also awarded post-judgment interest under the statutory formula applicable to money judgments in federal district court, beginning when judgment was entered and continuing until payment.

Disposition

The petition to confirm the arbitration award was GRANTED. The Clerk was directed to enter judgment for the petitioners and against Ifill for $219,694.81, with interest at 5.25% from the date of the arbitration award, plus $630 in attorneys’ fees, $77 in costs, and post-judgment interest at the statutory rate. The Clerk was also directed to close the case. Judge Andrew L. Carter, Jr. signed the order.