MEMORANDUM & ORDER Petitioner Gerald R. Finkel, chairman of the Joint Industry Board of the Electrical Industry, filed the above-captioned petition on December 3, 2018, to confirm an arbitration award against Respondent Lintech Electrical, Inc. (Pet. to Confirm Arb. Award (“Pet.”), Docket Entry No. 1; Pet. Mem. in Supp. of Mot. to Confirm Arb. Award (“Pet. Mot.”), Docket Entry No. 4.) Petitioner alleges that Respondent failed to remit required contributions to certain employee benefit plans pursuant to collective bargaining agreements, section 502(a)(3) of the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §1132(a)(3), and section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. §185. (Pet. 1.) On January 22, 2020, the Court granted Petitioner’s request to deem the petition an unopposed motion for summary judgment. (Order dated Jan. 22, 2020; Letter dated Jan. 14, 2019, Docket Entry No. 9.) For the reasons set forth below, the Court grants Petitioner’s motion to confirm the arbitration award in the amount of $96,721.04, plus interest accrued until entry of judgment, and awards Petitioner $752 in attorneys’ fees and $475 in costs for a total damages award of $97,948.04 plus accrued interest. I. Background Petitioner is the chairman of the Joint Industry Board (the “JIB”) located in Flushing, New York. (Pet. 4.) The JIB is “the administrator of various employee benefit multi-employer plans, [including ERISA Plans,1] established and maintained pursuant to a collective bargaining agreement between Local Union No. 3 of the International Brotherhood of Electrical Workers” (the “Union”), the American Federation of Labor and Congress of Industrial Organizations (the “AFL-CIO”), and certain other employers and employer associations. (Id.) “Per the…collective bargaining agreement, the JIB receives directly from each signatory employer a weekly remittance consisting of contributions to each of the ERISA Plans, except the DSP,2 as well as a Union assessment collected by the signatory employer from each Union member employed (the “Union Assessment”).3 (Id. 6.) On April 20, 2017, “Respondent entered into a project labor agreement with the Union pursuant to which Respondent agreed to be bound by the terms of the collective bargaining agreement between the Union and the New York Electrical Contractor’s Association, Inc., and the Association of Electrical Contractors, Inc.” (Id. 14; Resp’t Signature Page, annexed to Pet. as Ex. 1, Docket Entry No. 1-1.) Pursuant to the project labor agreement, Respondent agreed to be bound to the May 11, 2016 through April 10, 2019…collective bargaining agreement” (the “2016-2019 CBA”). (Pet. 15.) “The [2016-2019 CBA] requires Respondent…to make [r]equired [c]ontributions to the ERISA Plans, the Non-ERISA Plans, and to the Union for all work within the trade and geographical jurisdiction of the Union” and “to submit weekly payroll reports that provide the name, gross wages, and hours worked for each worker employed by the company on whose behalf [r]equired [c]ontributions are made.” (Id. 16.) The 2016-2019 CBA further provides that (1) “the parties…agree to…be bound by the…delinquency and collection procedures of the [p]lan and the requirements of ERISA” and that (2) “an employer ‘shall be liable for the remedies under [s]ection 502(g)(2) of ERISA, including liquidated damages…, in the event of entry of judgment against the [e]mployer in an action to collect delinquent contributions.’” (Id.
17-18.) The JIB established (1) a “Policy for the Collection of Delinquent Contributions” (the “Collection Policy”) and (2) “Arbitration Procedures and Rules Governing Employer Delinquency Disputes and Audits” (the “Arbitration Procedures”). (Id.
