Judge Jesse Furman
An arbitrator found Gen-Cap defaulted arbitration of petitioner labor union’s claim that it breached their collective bargaining agreement (CBA) by firing Bonilla and failing to pay his health and pension benefits. Finding for the union, the arbitrator’s award included Gen-Cap’s payment of $3,190 to Bonilla for wages, sick and vacation time, and payment of $1,140 to the union for his health benefits. The arbitrator also prospectively ordered Gen-Cap’s payment of $2,500 for the union’s attorney fees if Gen-Cap did not comply with the award and the union sought its enforcement. In the union’s action under Labor Management Relations Act §301 to confirm the arbitral award, district court summarily affirmed the award except for the prospective award of the union’s legal fees, which was vacated as beyond the arbitrator’s authority under the CBA. However, the court deemed fees appropriate given Gen-Cap’s unjustified failure to appear at both arbitration and the union’s enforcement action. Using the lodestar calculation method, the court found an hourly rate of $215 for the senior of the union’s two lawyers reasonable. But the rate for the union’s second, less experienced lawyer was reduced to $165.
