Laborers’ Local Union Nos. 472 & 172 and Laborers’ Local Union Nos. 472 & 172 Welfare and Pension Funds and Safety, Education and Training Funds; Zazzali, P.C. v. Atlantic Concrete Cutting, Inc.

Summary

The United States District Court for the District of New Jersey granted an unopposed petition to confirm an arbitration award against Atlantic Concrete Cutting, Inc. The award required payment of delinquent contributions, interest, liquidated damages, attorneys’ fees, arbitration fees, and related costs under a collective bargaining agreement. The court concluded that the award was properly entered and that no basis existed to vacate, modify, or correct it.

Holdings

1. The court confirmed the arbitration award because Petitioners timely sought confirmation, Respondent did not oppose the motion, and no basis existed to vacate, modify, or correct the award.
2. No ground existed to disturb the arbitration award because the award was not shown to have been procured by corruption or fraud, affected by evident partiality or prejudicial misconduct, beyond the arbitrator’s powers, or based on manifest disregard of the law.
3. Service was proper because Petitioners mailed the petition and motion by certified mail to the address specified in the parties’ agreement, which was Respondent’s applicable address under the FAA and Rule 5.

Questions Presented

1. Whether the district court was required to confirm the arbitration award under Federal Arbitration Act § 9.
2. Whether the record established any statutory or other basis to vacate, modify, or correct the arbitration award.
3. Whether service of the petition and motion was properly effectuated under the Federal Arbitration Act and Federal Rule of Civil Procedure 5.

Disposition

approved