LABORERS' LOCAL UNION NOS. 472 & 172 et al v. TARHEEL ENTERPRISES

Filing 4

OPINION filed. Signed by Judge Anne E. Thompson on 3/21/2017. (km)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LABORERS’ LOCAL UNION NOS. 472 &
172; LABORERS’ LOCAL UNION NOS. 472
& 172 WELFARE AND PENSION FUNDS
AND SAFETY, EDUCATION AND
TRAINING FUNDS; ZAZZALI, FAGELLA,
NOWAK, KLEINBAUM & FRIEDMAN,
P.A.,

Civ. No. 17-1072
OPINION

Petitioners,
v.
TARHEEL ENTERPRISES,
Respondent.
THOMPSON, U.S.D.J.
This matter has come before the Court on a Motion to Confirm the Arbitration Award
brought by Petitioners Laborers’ Local Union Nos. 472 & 172 (“Laborers’ Local Union”),
Laborers’ Local Union Nos. 472 & 172 Welfare and Pension Funds and Safety, Education and
Training Funds (“Funds”), and Zazzali, Fagella, Nowak, Kleinbaum & Friedman, P.A.
(“Zazzali”), (collectively, “Petitioners”). (ECF No. 2). This motion is unopposed by
Respondent Tarheel Enterprises (“Respondent”). The Court has decided this matter after
considering the parties’ written submissions and without holding oral argument pursuant to
Federal Rule of Civil Procedure 78(b).
Upon review of the evidence presented, this Court finds that Respondent is bound by a
collective bargaining agreement with Laborers’ Local Union. (Petition to Confirm Arbitration
Award at ¶ 2, ECF No. 1). The agreement provides for the submission to arbitration of any
controversies concerning delinquent payments to the Laborers’ Local Union Nos. 472 & 172
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Benefit Funds. (Id. at ¶ 3). In accordance with these terms, this dispute was submitted to the
Arbitrator J.J. Pierson (“Arbitrator Pierson”). (Id. at ¶ 5). Following a hearing held on
December 29, 2016, and with proper notices to all parties, Arbitrator Pierson entered an award in
writing that same day. (Id., Ex. B). Arbitrator Pierson’s opinion indicates that Respondent was
delinquent in making required contributions to the Funds. (Id., Ex. B).
Pursuant to 9 U.S.C. § 9, this Court has jurisdiction to enforce the awards of arbitrators.
Having considered the written submissions of Petitioners; and in light of Respondent’s failure to
oppose the motion; and for good cause shown, the Court grants Petitioners’ Motion to Confirm
the Arbitration Award. An appropriate order accompanies this opinion.

/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.

Date: 3/21/17

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