United States District Court, S.D. New York
TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, WELFARE FUND, ANNUITY FUND, AND APPRENTICESHIP, JOURNEYMAN RETRAINING, EDUCATIONAL AND INDUSTRY FUND, TRUSTEES OF THE NEW YORK CITY CARPENTERS RELIEF AND CHARITY FUND, THE NEW YORK CITY AND VICINITY CARPENTERS LABOR-MANAGEMENT CORPORATION, THE NEW YORK CITY DISTRICT, COUNCIL OF CARPENTERS, THE TRUSTEES OF THE EMPIRE STATE CARPENTERS ANNUITY, APPRENTICESHIP, LABOR-MANAGEMENT COOPERATION, PENSION and WELFARE FUNDS, Plaintiffs,
INSTALLATIONS OF AMERICA, INC., INSTALLATIONS OF AMERICA II, INC., VANDEWATER HOLDING COMPANY, INC., INTERNATIONAL MILLWORK & FIXTURING, INC., UNITED INSTALLERS OF MILLWORK INC., and UNITED MILLWORK OF NY, INC., Defendants.
OPINION & ORDER
A. Engelmayer United States District Judge.
March 16, 2016, plaintiffs Trustees of the New York City
District Council of Carpenters Pension Fund, Welfare Fund,
Annuity Fund, and Apprenticeship, Journeyman Retraining,
Educational and Industry Fund, Trustees of the New York City
Carpenters Relief and Charity Fund, the New York City and
Vicinity Carpenters Labor-Management Corporation, and the New
York City District Council of Carpenters (collectively, the
"NYC Funds") moved for summary judgment against
defendants Installations of America, Inc.
("Installations I") and Vandewater Holding Co.,
Inc. ("Vandewater") (collectively,
"Installations (''Vandewater"). Dkt. 16.
The NYC Funds sought confirmation of an arbitrator's June
19, 2015 default award, Dkt. 18, Ex. F ("Award"),
awarding the NYC Funds contributions that Installations
(''Vandewater had withheld and wrongfully
retained. The NYC Funds also sought interest plus
attorney's fees and costs incurred during this
April 11, 2016, the Court directed Installations I/Vandewater
to file any opposition by May 6, 2016. Dkt. 22. To date, it
has not done so. For the following reasons, the Court grants
the NYC Funds' motion and confirms the arbitration award.
I is a New York State corporation. PL Mem. at 7. It was
incorporated on May 14, 1992, and changed its name to
"Vandewater Holding Company, Inc." on April 28,
2005. Id. At all relevant times, Installations
I/Vandewater was a party to a collective bargaining agreement
(the "CBA") with the New York City District Council
of Carpenters f/k/a District Council of New York City and
Vicinity of the United Brotherhood of Carpenters and Joiners
of America (the "Union"). Id. at 7-8;
see also Ozard Deck, Ex. A ("CBA").
The Collective Bargaining Agreement
required Installations I/Vandewater to make certain
contributions to the NYC Funds in connection with employee
performance of specific covered work. CBA Art. XV. The CBA
also required Installations I/Vanderwater to submit to an
audit at the NYC Funds' request. Id. It also
incorporated the NYC Funds' Policy for Collection of
Employer Contributions, which provides that the NYC Funds are
entitled to (a) liquidated damages and interest on any
delinquent contributions, and (b) attorneys' fees and
costs incurred in having to collect delinquent contributions.
PI. Br. at 8; CBA Art. XV.
the CBA, the NYC Funds conducted an audit of Installations
I/Vandewater's books and records covering the period of
December 27, 2012 through March 26, 2014. PL Br. at 8. The
audit revealed a delinquency in the principal amount of $3,
532.56, which Installations I/Vandewater failed to remit.
point, the NYC Funds invoked the CBA's arbitration clause
and submitted the dispute to arbitration. Id.;
see also CBA Art. XV ("Should any dispute or
disagreement arise between the parties . . . concerning any
claim arising from payments to the Fund of principle and/or
interest which is allegedly due, either party may seek
arbitration of the dispute. . . . "); id.
("The arbitrator's award in this regard shall be
final and binding upon the parties. . . . .").
The Arbitration Award
dispute was submitted to Roger E. Maher, an approved
arbitrator listed in the CBA. See CBA Art. XII. The
NYC Funds sent Installations I/Vandewater notice of its
intent to arbitrate and of the upcoming arbitration hearing.
PI. Br. at 8.
27, 2015, the date of the hearing, the NYC Funds appeared but
Installations I/Vandewater did not. Award at 1; PI. Br. at 8.
Maher found Installations I/Vandewater in default and heard
testimony and took evidence on the NYC Funds' claims.
Award at 2.
19, 2015, Maher issued the Award. Id. at 3. He held
that the CBA had become effective on January 1, 1998.
Id. at 2. He further ruled that, based on the NYC
Funds' "substantial and credible evidence, "
Installations I/Vandewater was delinquent in payments due
under the CBA. Id. at 2. Maher determined that
Installations I/Vandewater owed the NYC Funds a total of $39,
279.16, consisting of: (1) contributions of $3, 532.56; (2)
additional shortages of $19, 248.13; (3) interest on the
principal in the amount of $301.54; (4) interest on the
additional shortages in the amount of $3, 020.69; (5)
liquidated damages on the principal in the amount of $706.51;
(6) liquidated damages on the additional shortages in the
amount of $3, 849.63; (7) late payment interest in the amount
of $2, 473.22; (8) assessments to the Promotional Fund of
$468.38; (9) court costs of $400; (10) attorney's fees of
$1, 500; (11) an arbitrator's fee of $500; and ...