District Judge Katherine Polk Failla


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Respondent construction firm is a member of a trade association having a collective bargaining agreement (CBA) with the N.Y.C. Dist. Council of Carpenters (Council). Under §301 the Labor Management Relations Act (LMRA), an arbitrator awarded the Council $10,160.40 in wages and fringe benefits, and also awarded $368.84 in wages and fringe benefits after finding that respondent violated the CBA. The arbitrator also deemed the Council’s attorney entitled to reasonable fees if confirmation was sought. Respondent firm did not appear in either underlying arbitral hearing, nor appeared before the court. It did not oppose the Council’s motion to confirm the two awards, and to recover $700 in attorney’s fees and $499.41 in costs. The court fully granted the Council’s motion. Because the arbitrator construed and applied the CBA when issuing the two default awards in the Council’s favor, the LMRA requires the court to confirm those awards. The court noted that “confirmation of a labor arbitration award under LMRA §301 is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court.”