Trustees for The Mason Tenders District Council Welfare Fund, Pension Fund, Annuity Fund and Training Program Fund v. Premier Bridging & Scaffolding LTD
1:16-cv-04921
S.D.N.Y.Dec 2, 2016Background
- Plaintiffs (the Trustees for multiple Mason Tenders funds and the union business manager) seek confirmation and enforcement of a June 25, 2015 default arbitration award against Premier Bridging & Scaffolding Ltd for unpaid fringe-benefit contributions under a Project Labor Agreement (PLA).
- The PLA covered work from Jan. 1, 2013 to Sept. 30, 2014 and required employer contributions to the Funds; Premier failed to make required payments.
- The Funds notified Premier of arbitration on May 15, 2015; a default arbitration hearing occurred June 21, 2015 after Premier received notice but did not appear.
- The arbitrator relied on payroll audit exhibits and testimony and issued an award finding Premier owed $42,505.37; no payments have been made.
- Plaintiffs filed to confirm the award under Section 301 of the LMRA; Premier did not oppose or respond to the confirmation motion or summary judgment filings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arbitration award should be confirmed | Award is final and enforceable; record supports arbitrator's finding of delinquent contributions | No opposition filed | Confirmed: court grants summary judgment to confirm and enforce the award |
| Applicable standard for confirmation | Confirmation is a summary proceeding; award should be converted to judgment absent valid vacatur/modification | N/A (no contest) | Court applies summary judgment standard with extreme deference to arbitrator |
| Sufficiency of record supporting the award | Audit and exhibits before the arbitrator and credible testimony justify award | N/A | Record provides at least a "barely colorable" justification; award inferable from facts |
| Whether any factual disputes preclude summary confirmation | No genuine issues: Plaintiffs' 56.1 statement uncontested and exhibits relied on by arbitrator are credible | N/A | No material factual disputes; award confirmed and case closed |
Key Cases Cited
- D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (confirmation is a summary proceeding and an unopposed petition may be treated as unopposed summary judgment)
- United Brotherhood of Carpenters & Joiners of Am. v. Tappan Zee Constructors, LLC, 804 F.3d 270 (2d Cir. 2015) (arbitration awards receive extreme deference; courts may not overturn awards if the arbitrator was at least arguably construing the contract)