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

Background

The petitioners were the trustees of several carpenter-related funds, the Carpenter Contractor Alliance of Metropolitan New York, and the New York City District Council of Carpenters. The opinion states that the pension, welfare, annuity, apprenticeship, retraining, educational, and industry funds were multiemployer labor-management trust funds organized and operated under the Employee Retirement Income Security Act. APS Contractors, Inc. was a corporation incorporated under New Jersey law that performed construction work in New York.

On March 21, 2016, APS agreed to be bound by a project labor agreement and a collective bargaining agreement. Those agreements required APS to contribute to the petitioners’ funds. After APS allegedly failed to make the required contributions from May 26, 2017, through December 31, 2018, the petitioners invoked the agreements’ arbitration provisions.

Arbitration Award and Court Review

After a hearing, the arbitrator awarded the petitioners delinquent contributions, interest, liquidated damages, attorneys’ fees, and costs totaling $6,371.77. The petitioners then asked the court to confirm the award under Section 301 of the Taft-Hartley Labor Management Relations Act.

APS was served with the petition but never appeared or responded. The court explained that an unopposed petition to confirm an arbitration award is generally treated like a motion for summary judgment, rather than as a request for a default judgment. The court therefore considered whether the petition and supporting materials showed that the petitioners were entitled to judgment as a matter of law.

The court found no genuine dispute of material fact. It found no reason to believe that the award was obtained through fraud or dishonesty or that the arbitrator exceeded the arbitrator’s authority. The record indicated that the arbitrator based the award on undisputed evidence that APS had violated the agreements by failing to make accurate and timely contributions.

Ruling

Judge Mary Kay Vyskocil granted the petitioners’ unopposed motion for summary judgment and confirmed the entire arbitration award. The court confirmed the arbitrator’s 5.5% prejudgment-interest rate and stated that post-judgment interest would accrue at the statutory rate under 28 U.S.C. § 1961 from the date judgment was entered until payment. The court also awarded the petitioners their requested attorneys’ fees and costs after reviewing counsel’s time records and finding them reasonable. The petitioners were directed to file a proposed judgment by August 21, 2023.