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New Jersey Building Laborers Statewide Benefit Funds v. A&C Masonry Co. Inc.

United States District Court, D. New Jersey

July 28, 2015

NEW JERSEY BUILDING LABORERS STATEWIDE BENEFIT FUNDS AND THE TRUSTEES THEREOF Petitioner,
v.
A&C MASONRY CO. INC., Respondent.

OPINION

KEVIN McNULTY, District Judge.

Before the Court is a motion to confirm an arbitration award in favor of a labor union. I will confirm the award. I note an ambiguity as to interest.

Background

Petitioner in this case, New Jersey Building Laborers Statewide Benefit Funds and the Trustees Thereof (the "Fund") is an employee benefit fund affiliated with a labor union. The Fund alleges that Respondent A&C Masonry Co. entered into a collective bargaining agreement with the labor union. Pursuant to that agreement, A&C was obligated to make contributions to the Fund on behalf of union employees. According to the Fund, A&C was delinquent in making those contributions during the period July 1, 2009 through April 30, 2013. (Award, [1] ¶ 8)

The Fund initiated an arbitration proceedings against A&C to recover the delinquent funds. The record indicates that A&C did not appear or defend itself before the arbitrator. (Award, 1) It also appears that the Fund retained an independent auditor to determine the amount of the delinquency. (Award, 5)

The arbitrator found that A&C was bound to the CBA and was delinquent in making benefit contributions during the period July 1, 2009 through April 30, 2013. (Award, ¶¶ 1-3 and 8) The arbitrator ordered A&C to:

• Pay some $1, 840.04 in delinquent contributions (Award, ¶ 13)
• Pay $1, 433.50 in interest (Award, ¶ 13)
• Pay $368.00 in liquidated damages (Award, ¶ 13)
• Pay an attorney's fee in the amount of $460.00 (Award, ¶ 13)
• Pay an arbitrator's fee of $400.00 (Award, ¶ 13)
• Submit to an audit of its records (Award, 4)

These items yield a total award of ...


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