UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

 

 :

NEW JERSEY BUILDING LABORERS :

STATEWIDE BENEFIT FUNDS AND :

THE TRUSTEES THEREOF, :

 : Civil Action No.

Petitioners, : 10-cv-6518 (NLH)(KMW)

 :

v. : MEMORANDUM & ORDER

 :

GMAC CONSTRUCTION, L.L.C., :

 :

Respondent. :

 :

HILLMAN, District Judge

This matter having come before the Court on the motion of

Petitioners, New Jersey Building Laborers Statewide Benefit Funds

and the Trustees Thereof, seeking to confirm the arbitration

award granted against Respondent, GMAC Construction, L.L.C.; and

Petitioners constituting trust funds within the meaning of

the Labor Management Relations Act, 29 U.S.C. § 186(c)(5), and

employee benefit plans within the meaning of the Employee

Retirement Income Security Act of 1974, 29 U.S.C. § 1132(e) and

(f); and

Petitioners also including trustees of the funds within the

meaning of 29 U.S.C. § 1002(21)(A); and

It appearing that the parties entered into an enforceable

collective bargaining agreement (“CBA”) and that, pursuant to the

CBA’s terms and provisions, Respondent was obligated to make

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contributions to the funds and also acknowledged the Petitioners’

rights and duties as set forth in the Declaration of Trust of the

Funds (“Trust Agreement”); and

The Trust Agreement providing: “The Trustees may take any

action necessary or appropriate to enforce payment of the

contributions, interest, damages, and expenses provided for

herein”; and

The Trust Agreement further providing that Petitioners may

“designate a permanent arbitrator to hear and determine

collection disputes” if Respondent fails to make contributions as

required; and

It appearing that on November 2, 2010, an arbitrator found

that Respondent was obligated to contribute benefit contributions

to the Petitioners and awarded Petitioners $10,067.11 in unpaid

contributions, interest, liquidated damages, attorneys’ fees, and

the arbitrator’s fee; and

It further appearing that Respondent has not complied with

the arbitrator’s decision and has not made any payments to

Petitioners; and

It further appearing that Petitioners properly served the

present petition and motion upon Respondent, and that Respondent

still has not appeared in this action; and

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Section 9 of the Federal Arbitration Act empowering the

Court to enter judgment on an arbitration award, 9 U.S.C. § 9;

and

The Court noting that “[d]istrict courts have very little

authority to upset arbitrators’ awards,” United Transp. Union

Local 1589 v. Suburban Transit Corp., 51 F.3d 376, 379 (3d Cir.

1995); see Bricklayers & Allied Craftworkers Int’l Union Local 5

v. Jocanz, Inc., 2007 U.S. Dist. LEXIS 46461, at *4 (D.N.J. Jun.

25, 2007) (same); and

The Court further noting that “[o]nly when an arbitrator

acted in manifest disregard of the law, or if the record before

the arbitrator reveals no support whatsoever for the arbitrator’s

determination, may a district court invade the province of the

arbitrator,” United Transp. Union Local 1589, 514 F.3d at 380

(citation and internal quotation marks omitted); see 9 U.S.C. §

10 (enumerating the circumstances in which an arbitrator’s award

may be vacated); and

The Court finding that Respondent has not submitted any

response or opposition to Petitioners’ petition or motion; and

The Court finding that no evidence or argument suggests, nor

does the Court discern, that the arbitrator acted in manifest

disregard of the law, in excess of his authority, or in any

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biased or corrupt manner when he issued the Award and Order on

November 2, 2010; and

The Court finding that the arbitrator’s Award and Order, and

the decision therein, appear reasonable;

Accordingly,

IT IS HEREBY on this 31 day of January, 2011, st

ORDERED that Petitioners’ Motion to Confirm Arbitration

Award [Doc. # 2] is GRANTED; and it is further

ORDERED that the arbitration award issued by J.J. Pierson,

Esq., on November 2, 2010, shall be and is hereby CONFIRMED; and

it is further 

ORDERED that a judgment for $10,067.11, as directed by the

arbitrator, shall be entered against Respondent; and it is

further 

ORDERED that this case shall be CLOSED. 

 /s/ NOEL L. HILLMAN 

At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.

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