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

Background

The petitioners were the 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 petitioners and Metro Installations Inc. were parties to collective bargaining agreements. Those agreements required Metro to make contributions to the funds for covered employee work and to provide books and payroll records for audits.

The agreements also allowed either side to submit disputes about fund payments to arbitration. The petitioners requested an audit covering August 6, 2018, to the date of the request, but Metro did not provide its books and records. Based on an estimated audit, the petitioners claimed that Metro had failed to pay $254,002.98 in contributions.

An arbitrator issued an award on February 27, 2021. The arbitrator found that Metro violated the collective bargaining agreements by failing to allow the audit and ordered Metro to pay $330,509.34. That amount consisted of $254,002.98 in estimated unpaid contributions, $22,805.76 in interest, $50,800.60 in liquidated damages, $400 in court costs, $1,500 in attorneys’ fees, and $1,000 in arbitrator fees. The award also provided that interest would accrue at 5.25%.

The petitioners filed this case to confirm the arbitration award. Metro was served but did not respond or otherwise appear. The court treated the petition as an unopposed motion for summary judgment, meaning a request for judgment without a trial because no genuine factual dispute required one.

Court’s analysis

The court explained that federal courts give substantial deference to arbitration decisions. Confirmation is generally a summary process that turns an arbitration award into a court judgment. Even when a petition is unopposed, however, the court must review the petitioners’ submissions and determine whether they showed that no material factual dispute prevents judgment in their favor.

The court found that the petitioners met that burden. The arbitrator sent hearing notices to Metro by regular and certified mail, found a violation of the collective bargaining agreement based on substantial and credible evidence, and acted within the authority granted by the agreements. The agreements authorized the arbitrator to decide submitted issues, award monetary damages, and award applicable interest, liquidated damages, costs, and attorneys’ fees. The court found no evidence that the award was unlawful, arbitrary, or beyond the arbitrator’s authority.

Ruling

Judge Paul G. Gardephe granted the petition to confirm the arbitration award. The award was confirmed in all respects. The court also granted the petitioners’ request for $2,120 in attorneys’ fees and $75 in costs for this case. It granted post-judgment interest on the entire amount at the rate provided by 28 U.S.C. § 1961(a), calculated from the date judgment was entered. The Clerk of Court was directed to enter judgment and close the case.